Question
Doctor Smith, represented by firm A, brings a contracts claim against his former partner, Jerry, and a hospital. The former partner is represented by firm
Doctor Smith, represented by firm A, brings a contracts claim against his former partner, Jerry, and a hospital. The former partner is represented by firm B and the hospital is represented by firm C. A lawyer from firm A, Keith, moves to firm C. Keith worked on the case for Doctor Smith, but only by attending a deposition of a hospital administrator taken by Jerry (the former partner's) counsel. He also reviewed the file and helped draft Dr. Smith's complaint. Another lawyer at firm A did most of the work for the doctor.
Using Wisconsin's Model Rules 20:1.9 and 20:1.10,
1. Does firm C now have a conflict of interest as a result of hiring Keith?
2. Can the conflict be ethically screened so firm C can continue to represent the hospital, or do they have to withdraw?
(please cite to appropriate Wisconsin rules 20:1.9 and 20:1.10 to back up reasoning)
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