§ 11.110. Imputation of conflicts of interest; General rule.
331 words·~2 min read·
/us/cfr/t37/s§ 11.110·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)While practitioners are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by §§ 11.107 or 11.109, unless:
(1)The prohibition is based on a personal interest of the disqualified practitioner and does not present a significant risk of materially limiting the representation of the client by the remaining practitioners in the firm; or
(2)The prohibition is based upon § 11.109(a) or (b), and arises out of the disqualified practitioner's association with a prior firm, and
(i)The disqualified practitioner is timely screened from any participation in the matter and is apportioned no part of the fee therefrom; and
(ii)Written notice is promptly given to any affected former client to enable the former client to ascertain compliance with the provisions of this section, which shall include a description of the screening procedures employed; a statement of the firm's and of the screened practitioner's compliance with the USPTO Rules of Professional Conduct; a statement that review may be available before a tribunal; and an agreement by the firm to respond promptly to any written inquiries or objections by the former client about the screening procedures.
(b)When a practitioner has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated practitioner and not currently represented by the firm, unless:
(1)The matter is the same or substantially related to that in which the formerly associated practitioner represented the client; and
(2)Any practitioner remaining in the firm has information protected by §§ 11.106 and 11.109(c) that is material to the matter.
(c)A disqualification prescribed by this section may be waived by the affected client under the conditions stated in § 11.107.
(d)The disqualification of practitioners associated in a firm with former or current Federal Government lawyers is governed by § 11.111.