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John Gaal's Ethics Corner
Q: My secretary of 12 years recently left the firm and for the past few weeks I have been struggling to get my work done. I was delighted to find out the other day that my firm has now hired a replacement secretary for me. When I took her to lunch the other day, she mentioned that she most recently came from another law firm that happens to be opposing counsel on a litigation matter I am heavily involved in. Does this pose any problems?
A: It certainly could. You undoubtedly are aware of the ethical problems that can arise when one firm hires an attorney who previously worked at a firm representing an adverse party. In those circumstances, that new firm might be disqualified from continuing its representation if it is determined that its newly hired attorney comes to it in possession, actual or presumed, of client confidences belonging to that adverse party.
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