[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

ensure that the screened lawyer actually is isolated from the matter and all firm lawyers
understand the precise details of that isolation.
To meet this standard, a law firm should:
Determine whether the firm is large enough to establish an effective screen; 19
Implement a written screening policy;
Establish the screen before the screened lawyer joins the firm, or if the lawyer is
already in the firm, as soon as the conflict has been timely detected; 20
Acknowledge in writing that the screened lawyer will not communicate with any
firm lawyers about the matter;
Notify all law firm personnel about the screen, indicating they may not
communicate with the screened lawyer about the matter;
Quarantine all law firm files about the screened matter. Electronic files should be
available only with a proper password, and paper files should be kept in an area that
is not available to the screened lawyer; 21
Establish bookkeeping procedures that assure the screened lawyer does not share in
the fee revenue from the case; 22 and
Give prompt notification to all clients, former clients, or other parties that the
screen has been established. 23
Once screens are timely implemented and carefully established, they also must be
maintained. Inadvertent or intentional breaches of screens must be reported to affected
clients to prevent further sanctions. 24 Further, screens can proliferate, so that law firms can
find themselves with hundreds of them, each one generating the need to notify affected
parties, segregate files, prevent communication, and preclude revenue sharing. 25 Keeping
track of these details requires a great deal of skill. This is why, once established, law firms
should maintain screens by:
Creating law firm mechanisms that periodically remind screened lawyers of their
obligations and inquire about the maintenance of proper screening procedures; and
Promptly notifying the affected clients and former clients if the screen is breached.
Integrating a Conflicts Control System into Law Firm Management
Law firms should establish a committee or designate a partner with responsibility for
implementing the conflicts control system. When potential conflicts are discovered, the
partner or committee should have the authority to decide how to respond. Law firm policy
should include the requirement that any member of a law firm ethics committee potentially
involved in any conflict be disqualified from considering its resolution. The partner or
committee in charge of conflicts should also make clear that deviations from the firm policy
are serious concerns and will result in appropriate sanctions. 26
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