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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.
Although the Code of Professional Responsibility does not apply to non-lawyers, it does impose obligations on lawyers that relate to non-lawyers. For example, DR 1-104(C) provides that a “law firm shall adequately supervise, as appropriate, the work of partners, associates and non-lawyers who work at the firm.” Relatedly, DR 1-104(D) provides that a “lawyer shall be responsible for a violation of the Disciplinary Rules by another lawyer or for conduct of a non-lawyer employed or retained by or associated with the lawyer that would be a violation of the Disciplinary Rules if engaged in by a lawyer … ”
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