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 Harold Levinson is Professor of Law Emeritus, Vanderbilt University Law
School. He was a
full-time member of the Vanderbilt faculty from 1973-1999, teaching
professional responsibility, accounting, comparative law and numerous other
courses. He also served as professor at the University
of Florida and New York University.
Professor Levinson has authored numerous scholarly publications on
professional responsibility and other topics, and continues to be an active
author and speaker. He recently served as advisor to the A.L.I. Restatement
of Law Governing Lawyers, the A.B.A. Ethics 2000 Project, and the New York
State Bar Association’s Special Committee on the Law Governing Law
Firm Structure and Operation, and he testified before the A.B.A. Commission
on Multi-disciplinary Practice. He has appeared as an expert witness in
cases involving attorney discipline and malpractice. Professor Levinson
received degrees from the University
of Miami (B.B.A. and J.D), New York University
(LL.M.), and Columbia
University (J.S.D.).
He is an active member of the American Association of Attorney-Certified
Public Accountants.
Disqualification of lawyers is regulated by numerous sources,
including rules of professional conduct, case law and ethics opinions
interpreting those rules, and case law on fair trial, fee forfeiture, and
other matters relating to the practice of law.
The traditional approach requires disqualification of a law firm and
all of its lawyers if a conflict of interest disqualifies any of the firm's
lawyers from representing a client on a matter. According to this approach,
the conflict of one lawyer is imputed to all lawyers in the firm.
Jurisdictions have developed numerous systems, which include various
modifications of the traditional approach. If a law firm's practice
involves more than one jurisdiction, therefore, the firm must determine
which one or more systems apply in each situation. In litigation, the
system of the tribunal governs. In non-litigation practice, choice of the
applicable system is more complicated.
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