What must happen for a prior law firm's disqualification to be lifted when a lawyer switches firms?

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For a prior law firm's disqualification to be lifted when a lawyer switches firms, the client must provide informed written consent. This requirement exists to ensure that the client is fully aware of the implications of allowing the lawyer to represent them despite a potential conflict arising from the lawyer's previous affiliation.

Informed consent means that the client understands the relevant circumstances and consequences associated with the situation, and written consent serves as a clear, documented acknowledgment of that understanding. This protects the integrity of the attorney-client relationship and ensures the client’s interests are prioritized by having clear documentation of their permission after being made aware of the relationship that could create a conflict of interest.

Other considerations, such as the triviality of the matter or the absence of confidential information, do not in themselves substitute the need for informed written consent from the client. The goal is to maintain ethical standards and protect client interests effectively.

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