In the back and forth between an agent and myself for a pretty lucrative project here, I am told that due to previous work on an issue, I am conflicted out from participating in the e-discovery project.
Am not happy about this, but them’s the rules too. Though I do have a question about the possibility of a person eventually being shut out from any e-discovery project due to previous experience. And by the same token, the possibility of law firms not being able to find anyone to staff their e-discovery projects as all candidates are conflicted out.
I noted in a letter of engagement with an attorney I’ve retained to review a draft land lease agreement for land I own, to include in a wind farm project, that there is a waiver clause with allows the firm to minimize it not being able to take on new cases (business) due to being conflicted out.