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Lateral Intake

Lateral Intake. Shawn R. Knight Derick J. Arthur. Lateral Intake. What is a "lateral?” Partner or associate that did not come into the firm the "traditional" way, i.e., straight out of law school after working as a summer associate at the firm. Lateral Intake.

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Lateral Intake

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  1. Lateral Intake Shawn R. Knight Derick J. Arthur

  2. Lateral Intake What is a "lateral?” Partner or associate that did not come into the firm the "traditional" way, i.e., straight out of law school after working as a summer associate at the firm

  3. Lateral Intake Why do we hire lateral attorneys and partners?      Too much work      Expand client or practice base     Book of business to good to pass on Attorney movement Expansion/new office opening

  4. Lateral Intake Why are we so careful with laterals? • Risk of conflicts is high • Imputed knowledge

  5. Lateral Intake Consequences: • Malpractice claims • Disqualification • Loss of clients and/or current and future business • Reputation damage • Forfeit fees

  6. Lateral Intake THE BIG QUESTION -- How should I handle the lawyers and all their stuff? • Consistency is key • Ethical and legal obligations to clients • Lateral integration team is important

  7. Lateral Intake Ethical and Legal Obligations to Client: • Act consistently • Maintain confidentiality and protect client’s materials • Get client consent – client always has the right to choose counsel • Ensure transferred materials do not create conflict • Rules of professional conduct • Property and trade secrets • Partnership agreement

  8. Lateral Intake Lateral Integration Team: • General Counsel/PRC/assigned risk management attorney • RM • IT • Attorney Employment/Recruiting • Other departments • Orientation sets the tone

  9. Lateral Intake Before Laterals Arrive – CONFLICTS: Partners come in via current partners/active recruiting Associates come in via Recruiting Department   Partners bring clients and sometimes associates Conflicts Questionnaire   Review by GC’s office, hiring or lateral intake group   Check all clients in conflicts system   Reports are reviewed and conflicts cleared through the GC (or another partner assigned by the GC to handle the transition) Series of discussions among parties Polling memo to all firm attorneys    Screening memo sent to all staff and attorneys upon arrival

  10. Lateral Intake After Laterals Arrive – CONFLICTS: Formal conflict check run on each client as part of intake process Conflict check on each party in each matter   Time lapse New attorneys trained to review Assign another partner to review and clear conflicts Ethical/screening walls erected - Are walls adequate? - ABA Model Rule 1.10 Amendment Orientation and follow-up CLE Course or additional training

  11. Lateral Intake After Laterals Arrive – RECORDS: Partners generally bring client materials, associates do not What are they allowed to bring? Need client release letters Need new engagement letters Cannot bring in client materials before they arrive IT departments may need to work together Client materials entered into the system after client/matter numbers are created What do you do if must keep new materials separate from the general population?

  12. Lateral Intake Recommendations: Suggested reading – - Your insurance carrier’s loss prevention manual/guide - Your firm’s policies re: lateral intake - IntApp 2009 Law Firm Risk Management Survey - ABA Model Rules of Professional Conduct and your state rules - Be aware of special issues at your firm (IP work, Bankruptcy, international lawyers, etc.) Communicate with your General Counsel and Lateral Integration Team!

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