Similar to ABA Model Rule 1.10, Texas Disciplinary Rule of Professional Conduct 1.10(a)(2) now allows a firm to proceed with the representation of a client adverse to a former client of an attorney in the firm when the conflict arises from that attorney’s association with a prior firm. The firm’s representation, however, is dependent on the timely screening of that attorney in accordance with Rule 1.10(a)(2)(i), and written notice being given to the former client in compliance with Rule 1.10(a)(2)(ii). In essence, Rule 1.10(a)(2) provides a different mechanism to remove imputation of a former client conflict from an entire firm without having to obtain informed consent, confirmed in writing from that former client. (See amended Rule 1.09 and our Top Tip from October 10, 2024 for a discussion regarding waiver by the former client after informed consent is obtained in writing). 

The following is an…