11.10 Law Firm Mergers
A law firm merger is different than the movement of one lawyer to another firm because the entire law firm itself has imputed knowledge of the confidential information of all of its clients. Rule 3.4-11 of the Code of Conduct applies to law firm mergers.
When two or more firms merge after acting on opposing sides of a dispute, the merged firm cannot act for the opposing parties. However, the merged firm can act for one of the parties if the other parties consent.
If the matter between the two (or more) clients constitutes a conflict or potential conflict, then the merged firm can act for more than one party if it complies with the joint retainer rule in Rule 3.4-5.