I’m a junior litigation associate and recently received an offer to join a V100 firm as a lateral. I’m waiting on my conflicts to clear. How likely is it that my offer will be rescinded due to conflicts not clearing? I haven’t been across from my new firm on any of the cases I’ve worked on at current firm. However, I’m worried about the uncertainty of whether any of the clients I’ve worked for have gone against new firm’s clients in cases I’ve had no involvement with.

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Highly Unlikely.

But, if you were across from a large and important client, or if your old firm has a bad relationship with a large and important client of the new firm, there could be some issues.

I have seen this only once in the last decade of practicing. An atty rep'd an employee in a Title VII case against a large employer. About a year later, the atty worked for a large employment defense firm and the employer (who they had sued) saw their name on a email thread and a week or two later, the atty was walled off from the employer's work. The death spiral occurred and the atty ended up leaving. I assume the underlying lawsuit was contentious. But I do not think this is the norm.

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Almost 0. I'm on a small PG at a AmLaw 50 and I was directly adverse to a client in a previous matter and now I do work for them, I'm just properly screened from the previous matters. If there was a conflicts problem, you probably wouldn't have gotten the interview in the first place.

Does the amount of work you do on a matter play a role in whether the offer will be rescinded? I.e., doing pre-litigation research in a matter and having no involvement after that versus extensive involvement in a litigation?

I think the chances are low. Worst case if there were conflicts they would put screens up to block you from having access to stuff. If they've already made an offer you have not set off any alarms yet. Waiting to clear is always nerve wracking though. I always find myself thinking "what if I'm a convicted felon and don't know it?"

Not likely.

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