Imputed Conflicts And Legal Interns

The Ohio Board of Professional Conduct has issued an advisory opinion on imputed disqualification and legal interns.

 A law student holding a legal intern certificate, issued by the Supreme Court under Gov.Bar R. II, is engaged in the limited practice of law and bound by the Rules of Professional Conduct. Conflicts of interest arising out of a legal intern’s current or former representation of clients are imputed to all lawyers in a private law firm when the intern is employed simultaneously as a law firm clerk. The conflicts of a former legal intern, newly employed as a lawyer, are not imputed to the lawyers in a law firm, but necessitate the screening of the lawyer from any matter he or she had substantial responsibility.

Conclusion

A legal intern certificate allows a law student to engage in the limited practice of law subject to the Rules of Professional Conduct. If a legal intern engages in simultaneous or future employment as a law firm clerk, any conflicts arising from his or her practice as a legal intern are imputed to the lawyers of the firm. Some imputed conflicts arising from a legal intern’s practice may be waived with client consent, but matters in which the legal intern had substantial responsibility cannot be waived under Prof.Cond.R. 1.10. Conflicts that may arise from a legal intern’s simultaneous employment as a law clerk in a law firm are not imputed to the legal interns or supervising attorneys in a legal clinic. Proper screening methods should be employed to prevent the exchange of confidential information possessed by the law clerk to the staff, legal interns, and supervising lawyers in the legal intern’s clinic. Once a legal intern’s certificate expires, and the former law student joins a law firm as a new lawyer, no conflicts from the lawyer’s limited practice as an intern are imputed to the lawyers in the firm, but screening of the lawyer is required.

(Mike Frisch)