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Simple English definitions for legal terms
vicarious disqualification
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A quick definition of vicarious disqualification:
Vicarious disqualification is when an entire group of lawyers or a law firm is disqualified from representing a client because one of the lawyers in the group is not allowed to represent the client due to ethical reasons. This is also known as imputed disqualification. It means that the actions of one lawyer can affect the entire group. For example, if a lawyer in a firm has a conflict of interest with a client, the entire firm may be disqualified from representing that client.
A more thorough explanation:
Definition: Vicarious disqualification is when all lawyers in a firm or office are disqualified from representing a client because one of the lawyers is ethically disqualified from representing that client. This is also known as imputed disqualification.
Example: If a lawyer in a law firm has previously represented a client, and that client is now suing another client of the same law firm, the entire law firm may be disqualified from representing the second client due to the conflict of interest. This is because the lawyer's previous representation of the first client may affect their ability to represent the second client fairly and impartially.
Explanation: The example illustrates how vicarious disqualification works in practice. Even if only one lawyer in a firm is disqualified from representing a client, the entire firm may be disqualified due to the potential conflict of interest. This ensures that clients receive fair and impartial representation from their lawyers.