In which scenario is imputed disqualification for former government lawyers avoided?

Imputed disqualification for former government lawyers can be avoided in scenarios where the lawyer is screened off from the matter. In the context of legal ethics, screening refers to the isolation of a lawyer from a case or matter to prevent the sharing of any confidential information that the lawyer may possess due to their former government role. This is critical because former government lawyers often have access to sensitive information that could pose a conflict of interest if they switch to private practice and take on a similar case.

Screening creates a barrier that ensures that the lawyer does not participate in or communicate about the case they have been screened from, thereby mitigating the risk of potential conflicts arising from prior government work. To be effective, this screening must adhere to specific procedural requirements, such as timely notifying the affected parties and implementing adequate measures to prevent any inadvertent disclosures.

Other scenarios, while they might seem plausible, do not provide the same level of protection against conflicts of interest. For example, compensation does not inherently change the nature of the conflict, the age of the matter does not guarantee confidentiality is maintained, and consent from related parties may not be sufficient to overcome the inherent conflicts arising from the lawyer's previous government employment.