Paralegal Conflicts of Interest

The Mississippi Bar’s Ethics Opinion No. 258, rendered December 01, 2011, addresses the question of whether a paralegal who left Firm 1 could create a conflict of interest for Firm 2, which was adverse to a client of Firm 1.

The Committee concluded that disqualification of a paralegal is not imputed to the firm so long as the non-lawyer is screened to protect confidential information. The screening process of a non-lawyer should involve the supervisory lawyer cautioning the non-lawyer:

(1) not to disclose any information relating to the representation of a client of the former employer; and

(2) that the employee should not work on any matter in which the employee worked for the prior employer or respecting which the employee has information relating to the representation of the client of the former employer.

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