Full opinion text
OPINION KUGLER, United States Magistrate Judge: This matter comes before the court upon motion by Defendant General Motors Corporation to disqualify plaintiff’s counsel, the firm of Kimmel & Silverman, due to that firm’s recent hiring of Jay M. London, Esquire, former counsel for GM. The above-captioned matter involves a single-vehicle breach of warranty action, commonly referred to as a “lemon law” case. In addition to the above-captioned matter, there currently are twenty (20) lemon law cases pending in the District of New Jersey against GM filed by Kimmel & Silverman, and this motion, by agreement of counsel, shall apply to all of them. These cases are: Weisenv.GMC, Civ. No. 95-2483 (JHR) Bove v. GMC, Civ. No. 95-1453 (JBS) Abendroth v. GMC, Civ. No. 95-1454 (JHR) Eisenberg v. GMC, Civ. No. 95-2505 (JHR) Buckley v. GMC, Civ. No. 95-2503 (SSB) Wohlforthv. GMC, Civ. No. 95-1032 (JBS) Brophy v. GMC, Civ. No. 95-500 (MLP) Worthy. GMC, Civ. No. 95-499 (AET) Marazzo v. GMC, Civ. No. 95-1476 (AET) Dilks v. GMC, Civ. No. 95-1471 (MLP) Klosinski v. GMC, Civ. No. 95-1829 (AET) Koheilv. GMC, Civ. No. 95-2496 (AET) Lyszczak v. GMC, Civ. No. 95-2497 (GEB) Bagolia v. GMC, Civ. No. 95-1474 (MLP) Bodolosky v. GMC, Civ. No. 95-998 (GEB) Bradin v. GMC, Civ. No. 95-2975 (JEI) Cardona v. GMC, Civ. No. 95-2936 (WGB) Kerns v. GMC, Civ. No. 95-2970 (JHR) Sitkov. GMC, Civ. No. 95-2973 (JHR) Mascio v. GMC, Civ. No. 95-2976 (SSB) Because of factual disputes contained in the parties’ affidavits and moving papers, the court convened a hearing to inquire into the extent of Mr. London’s involvement as GM counsel. Six witnesses testified: (1) Laurie Adams, GM Legal Assistant; (2) Paul Logue, GM Zone Manager; (3) Robert Silverman, Esquire, of Kimmel & Silverman; (4) Craig Kimmel, Esquire, of Kimmel & Silverman; (5) Jay London, Esquire, of Kimmel & Sil-verman; and (6) Ann Marie E. Musick, Mr. London’s former secretary, and the parties submitted over twenty exhibits into the record. Having considered the testimony and exhibits set forth at the hearing, along with the motion papers, briefs, and other submissions of the parties, the following constitute my findings of fact and conclusions of law. FINDINGS OF FACT 1.Jay M. London, Esquire, is an attorney currently employed by the law firm of Kimmel & Silverman, P.C., in Bluebell, Pennsylvania. He is licensed in both Pennsylvania and New Jersey and has been practicing for approximately eight years. From August, 1988 through March, 1993, Mr. London was employed as an associate at the Philadelphia law firm of George J. Lavin, Jr. and Associates, which subsequently became known as Lavin, Coleman, Finarelli & Gray (the “Lavin firm”). In March, 1993, he left the Lavin firm and joined the firm of Harvey, Pennington, Herting, & Rennelsen (“Harvey Pennington”) as a litigation associate. In April, 1994, he left the Harvey Pennington firm and joined the firm of McBreen, McBreen & Kopko (the “McBreen firm”). (London, 9/13/95, at 88-89, 117.) Mr. London resigned from the McBreen firm on May 26, 1995 and joined the firm of Kimmel, & Silverman on June 2, 1995. (London, 9/14/95, at 28, 56.) 2. Laurie Adams is employed by General Motors Corporation (“GM”) as a legal assistant in Farmington Hills, Michigan. Her department is responsible for handling single vehicle breach of warranty cases, otherwise known as “lemon law” cases. She has been involved in lemon law cases since September, 1988, and her jurisdiction currently covers sixteen states, including New Jersey and Pennsylvania. Her responsibilities include supervising local counsel and managing lemon law eases on behalf of GM. Although Ms. Adams reports to.a supervisor, she has the primary authority for selecting local counsel and making decisions regarding the progress of individual cases. (Adams, 8/17/95, at 4-9.) 3. The employees of GM’s field- offices, called “zone personnel,” actively participate and cooperate with local counsel in the litigation of lemon law cases. These zone personnel are individuals with automotive technical background and experience, and, as part of their litigation duties, they review repair records, conduct inspections of allegedly defective vehicles, and provide their analysis and recommendations to GM and local counsel. (Adams, 8/17/95, at 18-19, 89-90.) 4. Kimmel & Silverman, P.C., is a law firm of five attorneys with offices in Bluebell, Pennsylvania and Haddonfield, New Jersey. Since 1991, the firm has engaged almost exclusively in lemon law matters. Robert Silverman, Esquire, and Craig Kimmel, Esquire, are the firm’s managing partners. (Silverman, 8/17/95, at 169-70.) 5. GM and Kimmel & Silverman have jointly created an early resolution program in which plaintiffs counsel and GM legal and technical personnel attempt to work out a particular claim prior to a lawsuit being instituted. If a matter cannot be settled, then it is referred to local counsel for litigation. Through this program, approximately half of all claims settle before suit is filed. (Silver-man, 8/17/95, at 175-78.) 6. The Lavin firm was designated as local counsel for GM during the time that Mr. London was employed there. From March, 1990 through his departure from the Lavin firm in March, 1998, Mr. London was assigned to work on approximately 25-30 lemon law cases on behalf of GM, all in Pennsylvania. None of those eases involved Kimmel & Silverman as plaintiffs’ counsel. (London, 9/13/95, at 92,104,106.) 7. Although none of the lemon law cases that Mr. London handled on behalf of GM went to trial, Mr. London had significant responsibilities with respect to the management of individual eases. He propounded and responded to interrogatories and other discovery requests, conducted depositions of plaintiffs, participated in vehicle inspections along with GM zone personnel, and discussed the technical aspects of a case with zone personnel. (London, 9/13/95, at 104, 106-07; 9/14/95, at 8, 87-88; Logue, 8/17/95, at 133.) He arbitrated one case, contacting Ms. Adams for her consent with respect to the arbitration strategy and tactics. (Adams, 8/17/95,at 24.) He provided opinion letters to GM on individual cases which included his analysis of the facts, his legal opinion as to whether the facts of a particular case met the statutory requirements for a claim for damages, and his advice on what types of defenses should be raised and whether to settle or proceed to arbitration and/or trial. He also orally communicated this information to Ms. Adams on a regular basis. In addition, Ms. Adams discussed with Mr. London information that she had received from other local counsel regarding defense of GM lemon law cases. (London, 9/13/95, at 107, 112; 9/14/95, at 88-89, 90-91; Adams, 8/17/95, at 19-21, 23.) 8. At the time that Mr. London joined the MeBreen firm, that firm was not representing GM in any capacity. GM subsequently retained the MeBreen firm as local counsel in the Philadelphia area after a meeting was held in August, 1994 at GM headquarters between GM legal staff, including Ms. Adams, and Mr. London and Steven Kan-trowitz on behalf of the Philadelphia office of the MeBreen firm. One topic of discussion at that meeting was GM’s concern over the increasing number of cases being filed by Kimmel & Silverman in the Philadelphia area. (London, 9/13/95, at 117, 119-20; Adams, 8/17/95, at 25-27.) 9. While at the MeBreen firm, Mr. London worked on approximately 25-30 GM lemon law cases in which the firm of Kimmel & Silverman represented the plaintiffs. On each particular GM lemon law case, he would initially receive an analysis and recommendation from a GM zone representative. He would then conduct a preliminary evaluation of a particular case, contact Mr. Silverman via telephone or in person to discuss the case, and, if necessary, contact the GM zone representative — usually Mr. Lo-gue — to confirm GM’s initial position and/or provide further information that Mr. London had received. He participated in a vehicle inspection on one occasion. He discussed settlement and evaluation of the cases with his supervisor, Steven Kantrowitz, and with Ms. Adams. At Ms. Adams’ request, Mr. London coordinated his defense of Kimmel & Silverman’s cases with the Lavin firm and attended joint defense committee meetings on behalf of GM in the Philadelphia area. (London, 9/14/95, at 5, 8, 10-11; 9/15/95, at 17; Adams, 8/17/95, at 38-39; Logue, 8/17/95, at 134-35.) He designed and prepared case information statements which were analogous to the opinion letters he had prepared for GM while at the Lavin firm and which contained his. analysis, comments, suggestions, and legal advice and opinions regarding each case. On the top of each of' these statements was stamped “Attorney-Client Privilege.” He acknowledges that these statements contained privileged and confidential information. He often transmitted these statements to GM, and otherwise communicated with Ms. Adams, through GM’s electronic mailing system, to which he was issued a user password. (London, 9/14/95, at 109-11; Adams, 8/17/95, at 30-33.) 10. At some point, GM, through Ms. Adams, provided the McBreen firm with standing settlement authority; Mr. London did not have to contact her to confirm settlement unless the claim for settlement exceeded a certain pre-authorized amount. Under this settlement authority, in many cases Mr. London would settle cases and explain the reasons why to Ms. Adams later. Mr. London acknowledges that the process by which this settlement authority is carried out is privileged and confidential information. The significance of this settlement authority is shown by the fact that of the approximately 50 firms in Ms. Adams’ jurisdiction that have been retained as GM’s local counsel, such standing settlement authority has only been provided to three. (Adams, 8/17/95, at 36-38; London, 9/14/95, at 130-31,134.) 11. GM’s “Guidelines for Handling Warranty and Lemon Law Litigation” are provided in confidence to all of GM’s local counsel. Although Mr. London claims that he does not remember specifically if he ever received and reviewed a copy of these guidelines and procedures while at the Lavin or McBreen firms, he does recognize the cover page, and he does remember a “several page document” which he identified as “single vehicle breach of warranty guidelines for local counsel” provided by GM. These guidelines also were discussed during the August, 1994 meeting in Detroit between Ms. Adams and members of the McBreen firm where copies were distributed. Mr. London does not believe that these guidelines contain any information about handling lemon law cases that is not otherwise publicly available, except for internal information about the divisions and organization of GM. He also received information about preparing pleadings in a GM lemon law case and sample evaluation letters that were to be submitted to GM. (London, 9/13/95, at 100-01; 9/14/95, at 9-10, 96, 98-99, 106; Adams, 8/17/95, at 9-10, 28.) 12. Mr. London became dissatisfied with' his employment at the McBreen firm, and he resigned on Friday, May 26, 1995. He testified that in order to protect GM’s interests, and with the consent of Mr. Kantrowitz, he felt he should contact plaintiffs counsel, Mr. Silverman, to ask for extensions of. time in which to file three answers which were due the week of May 29, 1995. That weekend being the Memorial Day holiday, Mr. London telephoned Mr. Silverman at his beach house on Monday, May 29, 1995, ostensibly to ask for these extensions and to notify plaintiffs counsel of his resignation. (London, 9/14/95, at 12-34.) During that telephone call, Mr. Silverman asked Mr. London if he would be interested in coming to work for Kimmel & Silverman. According to Mr. Silverman, the firm needed an experienced litigator to help with the workload of cases against manufacturers other than GM. Mr. Silverman testified that he extended this proposal because he knew Mr. London to be a hardworking attorney from his dealings with him at the McBreen firm. (Silverman, 8/17/95, at 183-86.) 13. As a result of this inquiry, Mr. London conducted some research into his ethical obligations. He consulted the Pennsylvania Rules of Professional Conduct, researched Pennsylvania cases, and contacted a lawyer on the Philadelphia Bar Association Professional Guidance Committee, who told him that Pennsylvania recognizes the use of ethics screens — or “Chinese walls” — in situations where lawyers effectively “switch sides.” He did no research under New Jersey law. Mr. London concluded that he would not violate his ethical obligations to GM as long as there was a proper ethics screen in place at Kimmel & Silverman to prevent the disclosure of GM confidences. (London, 9/14/95, at 37-40.) 14. On Wednesday, May 31, 1995, Mr. London went to the offices of Kimmel & Silverman to discuss the employment proposal. Earlier that morning, he and his wife had prepared a document that contained the parameters of an ethics screen to be implemented at Kimmel & Silverman. When he arrived at Kimmel & Silverman, he sat down with Mr. Kimmel and discussed the ethics screen and how it would work. Mr. Silver-man testified that 99% of the discussion that day centered around the implementation of the ethics screen. The final document containing the operation of the screen was distributed to all of Kimmel & Silverman’s employees for endorsement. It is undisputed that no inquiry was made into New Jersey ethics rules. (Kimmel, 8/18/95, at 75, 113; Silverman, 8/17/95, at 186-88; London, 9/14/95, at 43-46.) The record indicates that Mr. London left .the offices of Kimmel & Silverman that afternoon with an offer of employment. Although Mr. London had equal or less legal experience than the other two associates who then had been working at Kimmel & Silverman for over one year, he was offered a substantially higher salary and a more prestigious placement of his name on the firm’s letterhead. Mr. Silverman testified .that the reason for this was his belief that Mr. London would work harder and longer than the other associates. (Silverman, 8/17/95, at 204-06, 209-10.) 15. On the morning of June 2, 1995, Mr. London called Ms. Adams at her home and notified her that he had resigned from the McBreen firm and was considering joining Kimmel & Silverman. He attempted to assure her that the interests of GM would be fully protected. Later that day, he sent a disclosure letter to GM via certified mail and faxed a copy to Ms. Adams on June 7, 1995, to which GM did not give its consent or otherwise reply. (London, 9/14/95, at 57, 60-61, 64-65.) 16. Mr. London reported for work on Wednesday, June 7, 1995 under the supervision of Mr. Kimmel who, along with Mr. London, would work on all lemon law cases that did not involve GM. Mr. Silverman would work on all GM cases, and the ethics screen would purportedly prevent from Mr. London or Mr. Kimmel — as the managing partner with GM clients — from having any intentional or inadvertent contact with GM cases. Since Mr. London has joined Kimmel & Silverman, he has represented plaintiffs in approximately one hundred lemon law cases against auto manufacturers other than GM. The cases that are the subject of this motion were brought by Mr. Silverman or Michael Power, Esquire, a Kimmel & Silverman associate. , (London, 9/14/95, at 77; Kimmel, 8/18/95, at 78; Silverman, 8/17/95, at 183, 214.) 17. The office space of Kimmel & Silver-man at Blue Bell, Pennsylvania houses all of the clients’ files. The firm leases approximately 10,000 square feet of office space which includes fourteen separate offices and two conference rooms. Each attorney’s office locks by a separate key. There are three entrances to.the space, each locking with a master key possessed by Mr. Silver-man only. (Kimmel, 8/18/95, at 83.) As a result of Mr. London joining the firm, Mr. Silverman spent a “significant amount of money” to knock down a wall in his office to create a “sub-office” where all the GM files are housed. The only access to this room is through Mr. Silverman’s office. Each GM file is labelled and marked with blue electrical tape on the front for easy identification. There is a sign-out log for anyone removing a GM file. Neither Mr. London nor Mr. Kim-mel is allowed in this sub-office or in any other room containing a file marked with the blue GM tape. (Silverman, 8/17/95, at 189.) The offices of Mr. Kimmel, Mr. London, and Mr. Silverman are all in separate corners of the office space. Mr. London’s office is located approximately forty feet from Mr. Silverman’s office, with four offices and several secretary carrels in between. All files which Mr. London handles are kept in his office, and Mr. London does not have a key to anyone’s office other than his own. Every attorney in the firm has his or her own computer, but they are not on a network. Mr. London has a secretary assigned to him alone. (Silverman, 8/17/95, at 190-91; Kim-mel, 8/18/95, at 90; London, 9/14/95, at 80-81.) All telephone calls to Mr. London are received first by a receptionist and then by Mr. London’s secretary who verily that the call does not involve GM matters. When Mr. Kimmel, Mr. Silverman, and the office manager leave the building, all telephone calls are forwarded to an answering service. Mr. Silverman also receives and reviews all incoming mail before Mr. London sees it. (Sil-verman, 8/17/95, at 192-95; London, 9/14/95, at 79-80.) 18. Although the operation of this ethics screen seems straightforward, there are inconsistencies in the witness’ testimony with respect to certain incidents which lead this court to conclude that the operation may not always run so smoothly and that the contours of the screen may not be so clear. Mr. Silverman testified that under the ethics screen, he receives all incoming faxes. If he is away for a short period of time during the day, all incoming faxes are placed on his chair to await his return. Under no circumstances are Mr. Kimmel or Mr. London to see any faxed correspondence before Mr. Silverman has had a chance to review it. When asked what happens to the faxes when he goes on vacation, Mr. Silverman responded that there had not been occasion to address that situation as he had not taken a vacation from the time the ethics screen was implemented to the time of the hearing. (Silverman, 8/17/95, at 195, 210-11.) Despite this recitation of the fax procedure in place under the ethics screen, the court was presented with a document dated July 11, 1995 which Mr. Kimmel signed on behalf of a plaintiff in a lemon law case. The document accepted a settlement offer in a pre-suit case against GM. (Def.Ex. 3.) When asked how it could have happened that Mr. Kimmel signed his name on a GM matter, Mr. Kimmel responded that it was included in a packet of documents that he had received via telefax, not from GM, but from the Better Business Bureau, that a quick response was required, and that Mr. Silver-man was on trial. Mr. Kimmel testified that he. neither looked at the file nor consulted with the client. (Kimmel, 8/18/95, at 79-87.) When Mr. Silverman was asked whether this constituted a violation of the ethics screen, he responded that the letter should not have been written, that it was a violation of the firm’s policy, and that if it had been done by one of the firm’s employees, that employee would be reprimanded and subject to termination for a second violation. (Sil-verman, 8/17/95, at 223, 225.) He testified: There is no excuse for this. He should not have written this letter. I could look into it to see why he wrote the letter but’that still wouldn’t give an excuse. He shouldn’t have written the letter, and he will be talked to. (Silverman, 8/17/95, at 226.) During the next day’s testimony, however, Mr. Silverman’s position changed: If I testified that there was a breaching of the wall, I mis-spoke. There was in my opinion a violation of our firm .administrative policy with regard to the segregation of cases. But at no time has there ever been a violation of or a breach of the actual screening procedures or of the wall. (Silverman, 8/18/95, at 21.) According to Mr. Silverman’s clarified testimony, the assignment of GM files to Mr. Silverman and non-GM files to Mr. Kimmel is an administrative decision only and is not a component of the ethics screen, despite its incorporation into the screening document prepared by Mr. Kimmel and Mr. London. (Silverman, 8/18/95, at 21; Resp. Br. Ex. G.) Further questions by the court prompted the following dialogue: THE COURT: Excuse me, I’m sorry, are you saying you, today, you don’t think there is anything wrong with Mr. Kimmel having sent that letter of July 11th which is Exhibit D-3, is that your testimony? THE WITNESS: My testimony yesterday — after I looked into it and looked at the file, I think he had to do that to protect [the chent’s] interest. The offer would lapse, and I was on trial. THE COURT: The question I had, did you think it was wrong for him to have sent that letter marked Exhibit D-3? THE WITNESS: I believe that it was— he had to do it, but I wish he hadn’t. THE COURT: Was it wrong or not? THE WITNESS: No, Sir. THE COURT: You agree yesterday you testified that it was wrong. It was a violation of policy, didn’t you? THE WITNESS: It was a violation of our policy. THE COURT: It shouldn’t have been done. That’s what you testified to yesterday? THE WITNESS: Yes, Your Honor. (Silverman, 8/18/95, at 52-53.) In addition, the- court asked Mr. Silverman whether it would be a violation of the ethics screen if Mr. Kimmel had looked at the case file when he signed the July 11, 1995 letter. Mr. Silverman responded that it would not; in contrast, Mr. Kimmel testified that it would violate the ethics screen. (Silverman, 8/18/95, at 61; Kimmel, 8/18/95, at 83.) There also were several instances of Mr. Kimmel signing recent letters of representation on GM cases. (See Def.Ex. 5, 7-8.) Neither Mr. Silverman nor Mr. Kimmel believes this to be a violation of the ethics screen. (Silverman, 8/18/95, at 58; Kimmel, 8/18/95, at 88-89; 9/13/95, at 45-46.) 19. There is no accounting system set up at Kimmel & Silverman that prevents Mr. London from receiving any part of his salary from revenues generated in GM cases. All revenues received by Kimmel & Silverman from all sources are deposited in a general fund from which salaries of all the Kimmel & Silverman employees are drawn. Mr. London would be precluded, however, from sharing in any proceeds that may be received from GM over and above the usual fee. (Kimmel, 9/13/95, at 27-33.) CONCLUSIONS OF LAW I. NEW JERSEY LAW GOVERNS Under the local rules of this court, the American Bar Association’s Model Rules of Professional Conduct (“RPC”), as modified and adopted by the New Jersey Supreme Court, govern this dispute. Rule 6A, General Rules of the United States District Court for the District of New Jersey. This rule, amended in 1989, “makes it clear that the ethical rules and constraints imposed on federal practitioners in New Jersey are the same as those imposed on New Jersey attorneys generally by the state Supreme Court under New' Jersey Court Rule 1:14.” Allyn Z. Lite, New Jersey Federal Practice Rules 34 (1995 ed.). See Alexander v. Primerica Holdings, Inc., 822 F.Supp. 1099, 1113-14 (D.N.J.1993); Kaselaan & D'Angelo Associates, Inc. v. D'Angelo, 144 F.R.D. 235, 243 (D.N.J.1992); Bagdan v. Beck, 140 F.R.D. 650 (D.N.J.1991). This court must look to the New Jersey state courts’ interpretation of the RPC as primary authority guiding its determination, subject to such modifications as federal law may require or permit. “Save for such peculiarly federal modifications, however, the Court’s intent — clarified by the 1989 changes — is to track the parallel state provisions.” Allyn Z. Lite, New Jersey Federal Practice Rules 34 (1995 ed.). Where there is no definitive state court decision interpreting the RPC, a federal court may reach its own conclusion as to the appropriate application. Id. This court notes, however, that it must take great care, when considering authority from other states and other federal courts within the Third Circuit, not to stray from New Jersey’s policy of ensuring strict compliance with its RPC. See Reardon v. Marlayne, Inc., 83 N.J. 460, 416 A.2d 852 (1980); Dewey v. R.J. Reynolds Tobacco Company, 109 N.J. 201, 536 A.2d 243 (1988); In Re Advisory Opinion on Professional Ethics No. 569, 103 N.J. 325, 329-30, n. 4, 511 A.2d 119, 121-22, n. 4 (1986). Under this policy, “[i]f there is any doubt as to the propriety of an attorney’s representation of a client, such doubt must be resolved in favor of disqualification.” Reardon, 83 N.J. at 471, 416 A.2d at 858. Resolution of a motion to disqualify requires the court to balance “the need to maintain the highest standards of the Degal] profession” against “a client’s right to freely choose his counsel.” Dewey v. R.J. Reynolds Tobacco Co., 109 N.J. 201, 205, 536 A.2d 243, 245 (1988) (quoting Government of India v. Cook Indus., Inc., 569 F.2d 737, 739 (2d Cir.1978)). This balancing involves a “painstaking analysis of the facts and precise application of precedent.” Reardon v. Marlayne, Inc., 83 N.J. 460, 469, 416 A.2d 852, 857 (1980); Dewey, 109 N.J. at 205, 536 A.2d at 244-45. GM, as the petitioner, bears the burden of proving that disqualification is appropriate. Dewey, 109 N.J. at 221-22, 536 A.2d at 253; Kaselaan & D’Angelo Associates, Inc. v. D’Angelo, 144 F.R.D. 235, 238 (D.N.J.1992). GM claims that RPC 1.10 mandates disqualification of an entire firm when a lawyer associated with that firm would be disqualified under RPC 1.9. GM advances three reasons under RPC 1.9 why Mr. London would be disqualified from the cases that are the subject of this motion, resulting in the imputed disqualification of Kimmel & Silverman. First, GM contends that Mr. London would be disqualified from these matters under RPC 1.9(a)(1) because they are “substantially related” to matters in which Mr. London represented GM during his employ with the Lavin and McBreen firms. Second, GM contends that Mr. London would be disqualified under RPC 1.9(a)(2) because he obtained information while representing GM which is not generally known and which could be used to GM’s detriment. Third, GM contends that Mr. London’s employment with Kimmel & Silver-man creates an “appearance of impropriety” under RPC 1.9(b) and 1.7(e). The relevant rules provide: RPC 1.9 Conflict of Interest: Former Client (a) A lawyer who has represented a client in a matter shall not thereafter: (1) represent another client in the same or a substantially related matter in which that client’s interests are materially adverse to the interests of the former client unless the former client consents after a full disclosure of the circumstances and consultation with the former client; or (2) use information relating to the representation to the disadvantage of the former client except as RPC 1.6 would permit with respect to a client or when the information has become generally known. (b) The provisions of RPC 1.7(c) are applicable as well to situations covered by this rule. RPC 1.10 Imputed Disqualification: General Rule (a) When lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by RPC 1.7, RPC 1.8, RPC 1.9 or RPC 2.2. (b) "When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by RPC 1.6 and RPC 1.9(a)(2) that is material to the matter. (e) A disqualification prescribed by this rule may be waived by the affected client under the conditions stated in RPC 1.7 except where prohibited by law or regulation, such as the prohibition against a public entity waiving an attorney conflict of interest. It is undisputed that Mr. London formerly represented GM within an attorney-client relationship and that GM has not consented to or waived a potential conflict of interest. Analysis of the current motion is therefore confined to: (1) whether any of the eases now being handled by Kimmel & Silverman against GM are matters which are “the same” or “substantially related” to matters previously handled by Mr. London while he was employed at the Lavin and McBreen firms, RPC 1.9(a)(1); (2) whether Kimmel & Silverman is using “information relating to the representation” which was obtained by Mr. London while he was employed at the Lavin and McBreen firms to the disadvantage of GM and which is not generally known, RPC 1.9(a)(2); and (3) whether, in the absence of an actual conflict, an “appearance of impropriety” exists sufficient to warrant disqualification. If any of these three situations exists, the court must determine whether the ethics screen currently operating at Kimmel & Silverman prevents the imputed disqualification of the entire firm. II. DISQUALIFICATION OF JAY LONDON A. RPC 1.9 (a) (1) — “Same or Substantially Related Matter” Kimmel & Silverman currently have no cases pending on which Mr. London represented GM while he was employed at the Lavin or McBreen firms; all of the cases in that category were referred away to outside counsel when Mr. London joined Kimmel & Silverman. (Silverman, 8/17/95, at 197-98; Adams, 8/17/95, at 100-02.) Kimmel & Silverman argue that neither are any of the present cases “substantially related” to the cases London worked on as GM counsel because they are factually distinct from one another. They rely upon Opinion 651, of the New Jersey Advisory Committee on Professional Ethics (“Advisory Committee”) for support. 129 N.J.L.J. 514 (1991). Opinion 651 found a shift in the “substantial relation” test from the period prior to the 1984 adoption of the RPC when the New Jersey Supreme Court’s formulation was a “substantial relationship between the subject matter of the present suit and that of cases worked on during the former representation,” see Reardon v. Marlayne, Inc., 83 N.J. 460, 416 A.2d 852 (1980), to the language of the current rule — “the same or a substantially related matter.” RPC 1.9(a)(1). The Advisory Committee considered this shift to be significant, suggesting that under the current rule “the matters themselves — the cases — must be substantially related.” Opinion 65Jh 129 N.J.L.J. at 514. Thus, where the old test found a substantial relationship even if the specific facts or cases were distinct as long as there was some other significant nexus, the new, narrower test “contemplates a factual nexus between the cases.” Id. GM conceded that although the legal theories and defenses in all the lemon law cases are virtually identical, the facts giving rise to each lawsuit vary according to the mechanical problems associated with each vehicle. (Adams, 8/17/95, at 80-83; Logue, 8/17/95, at 150.) According to the testimony of Ms. Adams and Mr. Logue, there is.no actual or logical connection between the mechanical problems of one vehicle and those of another, and the settlement amounts for each vehicle vary with the facts of each case. (Adams, 8/17/95, at 83-84, 123.) Therefore, Respondents argue, under the reasoning of Opinion 651, there is no basis to find that the current cases are “substantially related” to those in which Mr. London represented GM. GM claims that a factual nexus among cases that are alleged to be “substantially related” is not necessary, arguing that the test to be applied is whether “adversity between the interests of the attorney’s former and present clients has created a climate for the disclosure of relevant confidential information.” Kaselaan & D’Angelo, 144 F.R.D. at 238 (quoting Reardon v. Marlayne, 83 N.J. at 472, 416 A.2d at 858-59). It is under this formulation that GM asks the court to conclude that the current cases are substantially related to the cases that Mr. London worked on as GM counsel. New Jersey courts, both prior and subsequent to the 1984 adoption of the RPC, have produced no bright-line rule for an application of a “substantial relationship” test, but rather have considered varying facts and circumstances in arriving at such a determination. Given the thoughtful discussions by New Jersey courts on what constitutes a substantial relationship, a brightline test which finds a substantial relationship only when there is a “factual nexus” between eases appears to be an overly narrow interpretation of New Jersey precedent. In In re Advisory Opinion on Professional Ethics No. 621, 128 N.J. 577, 602, 608 A.2d 880, 892 (1992), the New Jersey Supreme Court advised against such bright-line applications: Whether per se rules or standards to be applied on a ease-by-case basis are used in connection with the enforcement of the RPCs and with the ethics principles and applications flowing from our eases depends on the nature of the problem, the nature of the rule, and our own good judgment. We assume that bright line per se rules will be found more often in cases affecting public employment and public employees than in those cases limited strictly to private practice. Given the record before us, and given our impression, as to the potential varieties of the relationships, we are influenced by the countervailing considerations that argue against the per se prohibition embedded in the [Advisory Committee’s] opinion. Id. at 602, 608 A.2d at 892. The opinion of the New Jersey Supreme Court in Reardon v. Marlayne, supra, provides the seminal discussion of a “substantial relationship” in this context. In Reardon, defendant General Motors sought to prevent the plaintiffs attorney from representing the plaintiff in a products liability action alleging brake failure on the grounds that he had formerly represented General Motors in similar suits. As Reardon was decided prior to the adoption of the RPC, the court analyzed the situation under the relevant controlling ethical standard at that time, Disciplinary Rule (“DR”) 4-101, entitled “Preservation of Confidences- and Secrets of a Client,” and held that one prong of a three-part test for disqualification of a lawyer who brings an action against a former client was whether “a substantial relationship or a reasonable perception, from the public’s perspective, of a substantial relationship” exists “between the subject matter of the present suit and that of cases worked on during the former representation.” Id. at 474, 416 A.2d at 859-60. Under this prong, “a substantial relationship between matters will exist where the adversity between the interests of the attorney’s former and present clients has created a climate for disclosure of relevant confidential information.” Id. at 472, 416 A.2d at 859. Disqualification is mandated where “the issues between the former and present suits are practically the same or where there is a ‘patently clear’ relationship between them.” Id. Respondents seek to minimize the importance of the Reardon court’s discussion of a “substantial relationship” by referring to the New Jersey Supreme Court’s later opinion in Dewey, supra, in which the court held that the three-part test enunciated in Reardon no longer controlled disqualification motions that were brought under the newly-adopted RPC. Dewey, 109 N.J. at 212, 536 A.2d at 248. It is upon this point that the Advisory Committee relied in Opinion 654. when it held that the language of the new RPC 1.9(a)(1) — “the same or substantially related matter” — completely replaced the reasoning of the Reardon court with respect to what constitutes a “substantial relationship.” This simplistic application of Dewey overlooks the Dewey court’s significant reliance upon Rear-don for various points later in its opinion, despite its holding that the Reardon three-part test no longer controlled. The Dewey court did not hold that Reardon was bad law; rather, it held that disqualification motions based on current representation of clients with interests adverse to those of a former client were now to be analyzed under the language of RPC 1.9, as opposed to the three prongs set forth by Reardon. This does not mean that the reasoning of Reardon does not also support the language of the rule. In fact, the Dewey court recognized that much of the discussion in Reardon was consistent with the language of the new rules. And, since the Dewey court did not address the point of what test should be used to determine what is a “substantially related matter,” this court is left to conclude that the reasoning of Reardon on this issue survives, if not as black-letter law, then at least for guidance on the factors that this court should consider in a determination of what is a “substantially related matter.” The court in Kaselaan & D’Angelo Associates, Inc. v. D'Angelo, 144 F.R.D. 235 (D.N.J.1992), construing New Jersey law, came to the same conclusion. The court in Kaselaan recognized that there was no definitive test to be applied in New Jersey for what constitutes a “substantial relationship” and found that Reardon provided the strongest authority. In response to the respondents’ argument that a “substantial relationship” requires factual identity, accompanied by citations to federal eases in New Jersey and other jurisdictions which had so held, the Kaselaan court stated: As is evident, the meaning of “substantially related” under RPC 1.9(a)(1) is broadly construed in New Jersey. In the absence of a supervening federal statutory or decisional law interest, a disqualification standard that equates “substantially related” to “factually identical” ... is unnecessarily restrictive when compared to the plain language of RPC 1.9(a)(1) and New Jersey authorities. Id. at 243. The Kaselaan court recognized that while courts from other jurisdictions interpret the term “substantially related” narrowly, see Kaminski Brothers, Inc. v. Detroit Diesel Allison, 638 F.Supp. 414, 416-17 (M.D.Pa.1985), New Jersey courts make it clear that New Jersey has taken the opposite view. Id. See In Re County of Bergen, 268 N.J.Super. 403, 408, 633 A.2d 1017, 1020 (App.Div.1993) (“Our Rules of Professional Conduct are stringently enforced, and would even appear to be stricter than those of other states”). The Kaselaan court found that under the standard enunciated by the New Jersey Supreme Court in Reardon, and as adopted in RPC 1.9(a)(1), a substantial relationship exists where the adversity between the interests of the former and current clients creates a climate for the disclosure of relevant confidential information and where the issues between the former and present matters are practically the same. Kaselaan & D’Angelo, 144 F.R.D. at 243-44. Because the reasoning of Reardon was endorsed by the New Jersey Supreme Court in Dewey and by New Jersey appellate courts, both prior and subsequent to the adoption of the RPC, this court finds that application of Opinion 65# in the instant case would be contrary to the weight of the controlling precedent and would disserve the interpretation by the New Jersey courts of a “substantial relationship.” To the extent that federal courts in the Third Circuit and other jurisdictions have departed from the Reardon formulation, they do not govern. It is evident from the record that while Mr. London was employed at the Lavin and MeBreen firms, he was in a position to obtain information from GM regarding its legal policies and strategies, approaches to settlement, and bargaining positions with respect to individual cases. He formed a close professional relationship with Laurie Adams and dealt with her on lemon law matters over a number of years. He met with Ms. Adams and other GM legal personnel at GM headquarters, and he received a password to log into GM’s electronic mail system. He had primary authority to handle most of his lemon law cases and was the primary contact for Ms. Adams. Notwithstanding Mr. London’s account that he did not receive a copy of GM’s guidelines for handling lemon law cases, and that even if he did there was no confidential information contained therein, the mere fact that he had access to confidential information is enough for this court to presume that he in fact learned of such confidential claims handling and settlement information. Gray v. Commercial Union Insur. Co., 191 N.J.Super. 590, 598, 468 A.2d 721, 726 (App.Div.1983). He actively participated in the settlement of lemon law cases on behalf of GM, and he learned enough about GM’s litigation and settlement strategies to author opinion letters to Ms. Adams in which he analyzed the factual and legal issues of each ease and recommended a certain course of action. He is now employed by a firm who represents plaintiffs with interests that are directly adverse to those of GM. It is undisputed that the legal issues in the lemon law cases handled by Mr. London on behalf of GM and those now being handled by Kimmel & Sil-verman against GM are virtually identical, the only differences being the mechanical defects and the purchase and repair history associated with each particular vehicle. While it is true that these facts vary with each case, it is also apparent that the universe of automotive mechanical problems is not endless, and it is likely that in litigating dozens of lemon law cases involving one manufacturer, a lawyer encounters many alleged mechanical defects of the same kind. It is illogical to suggest that each new lemon law case is a creature of a different stripe, presenting unfamiliar circumstances to an experienced lemon law attorney. In light of all these relevant factors, the court rejects the respondents’ argument that there is no substantial relationship among these lemon law cases. Although the court has no reason to believe that Mr. London would intentionally disclose any relevant confidential information he possesses regarding GM’s handling of lemon law cases, actual disclosure is not the test for a substantial relationship. The adversity between the interests of GM and those of the plaintiffs currently being represented by Kimmel & Silverman has created a climate whereby relevant confidential information may be disclosed in the interests of effective representation of the plaintiffs. B. RPC 1.9(a)(2)—Use of Information to the Disadvantage of the Former Client That is Not “Generally Known” The court further holds that Mr. London would be disqualified under RPC 1.9(a)(2). Where a substantial relationship exists, the court will assume that confidential information has passed between an attorney and a former client, notwithstanding the attorney’s declarations to the contrary. Reardon v. Marlayne, 83 N. J. at 473, 416 A.2d at 859. This presumption of access to and knowledge of confidences may not be rebutted. Id. Moreover, Rule 1.9(a)(2) does not limit its protection to confidential information. G.F. Industries v. American Brands, Inc., 245 N.J.Super. 8, 14, 583 A.2d 765, 768 (App.Div.1990). The factual record discussed herein reveals that Mr. London possesses “information relating to the representation” of GM, and the direct adversity between the plaintiffs and GM, along with the legal and factual similarity of the cases, indicate that if Mr. London were to represent the plaintiffs, his ethical obligation to fully protect their interests would necessarily require him to use that information to the advantage of the plaintiffs and to the disadvantage of GM. The New Jersey cases which have found violations of RPC 1.9(1)(2) have done so on the basis that both a substantial relationship existed between the successive representations, and the lawyer had represented the former client over a number of years, two facts which are also present in the instant matter. See Reardon v. Marlayne, supra; G.F. Industries, Inc. v. American Brands, Inc., supra. The only question becomes whether the information in Mr. London’s possession is “generally known.” Respondents argue that the information that Mr. London received or learned was public information, was his own solid understanding of the lemon laws and their application in the course of litigation which no client can ever own, and was already known by Mr. Silverman long before Mr. London was employed by Kimmel & Silverman. Mr. London stated that he found information regarding GM’s approach to lemon law cases in a 1986 article published by the Pennsylvania Bar Association and distributed to members of the bar association at a conference, and also found in the public law library. (London, 9/13/95, at 96-97.) Members of the Lavin firm, the only firm in Philadelphia other than the McBreen firm to represent GM in lemon law eases, spoke at legal conference regarding how to defend a lemon law case. (London, 9/15/95, at 23-24.) Mr. London also stated that much of the information he possessed about the handling of lemon law cases came from his own research, his trial advocacy classes in law school, and his general experience at the Lavin firm with respect to cost-effective handling of cases. (London, 9/13/95, at 92, 108-09.) According to Mr. London, most of the information one needs to handle a lemon law case can be found in legal encyclopedias and law review articles, including checklists for proving the elements of a claim or defending a claim, what documents must be reviewed, how to calculate damages, and model interrogatories, deposition questions, and cross-examination questions of experts. (London, 9/13/95, at 98-100.) Mr. Silverman stated that GM has no pleading strategy—all of its answers are identical—and that its discovery strategy is “crystal clear.” (Silverman, 8/17/95, at 174-75.) As for GM’s settlement strategy, Mr. Silverman testified that by virtue of dealing extensively with GM zone personnel and local counsel on hundreds of cases, particularly through the early resolution program, he knew exactly how GM went through its settlement process, including what documentation GM required and how local counsel would correspond with Ms. Adams. (Silver-man, 8/17/95, at 178-82.) When asked what GM’s settlement strategy is, Mr. Silverman responded that GM’s “philosophy is to collect the information on these fact-sensitive cases and settle them as cheaply as possible and avoid legal fees.” (Silverman, 8/17/95, at 179.) According to Mr. Silverman and Mr. London, the work necessary to litigate a lemon law case, whether on the plaintiff or the defense side, is strictly pro forma and involves no legal analysis or strategy; it merely requires a collection of all the relevant facts and documents, completion of form pleadings and discovery responses, and a few telephone calls between plaintiffs and defense counsel. (London, 9/15/95, at 19-21; 42^4;) Accordingly, respondents claim, there are no secrets in this type of litigation and all the information is “generally known.” Respondents make a strong argument that much of the information “relating to the representation” of GM is generally known. Advice and information about how to conduct lemon law litigation against various manufacturers, including GM, along with form pleadings and interrogatories, proliferate in legal periodicals, practice manuals, law review articles, textbooks, and through bar association conferences and publications. However, this is true of just about every type of matter there is to litigate. The information age has not neglected the legal profession, and step-by-step checklists on litigating a particular type of case can be found in every law library and computerized legal database in the country. The fact that this type of information is publicly available does not make “information relating to the representation” of GM “generally known.” Rule 1.9(a)(2) also contemplates knowledge of the decision-making processes of GM personnel regarding legal claims, the internal workings of the GM organization, the particular personalities, expectations, negotiating techniques, and management styles of GM personnel, historical and technical information regarding GM vehicles, and GM claims handling processes and procedures. This type of information is protected by the attorney-client relationship whether the matter involves complicated legal issues, such as in antitrust law, or whether it involves the “pro forma ” litigation of lemon law claims. It would be available to someone whose extensive experience as local counsel for GM on over fifty lemon law matters has resulted in a close, professional working relationship with GM legal and technical personnel and who was trusted enough for his firm to be one of only a few granted blanket settlement authority by GM, but it is not generally known. Moreover, the fact that plaintiffs counsel has litigated hundreds of eases against GM, generally considers himself knowledgeable of GM’s settlement philosophy, and considers that philosophy to be elementary, does not lead to the conclusion that all is well under Rule 1.9(a)(2). Mr. Silverman points out that approximately half of the claims settle through the early resolution program before being referred to local counsel, and he emphasizes his role in this process and his direct contact with GM legal and technical personnel. However, the fact that half of them do not settle belies Mr. Silverman’s assertion that GM’s settlement process is merely a one-dimensional information exchange. Despite Mr. Silverman’s exhaustive coverage of the steps that GM takes to settle each and every ease, he has not shed light on the reasons why half of them do not settle through the early resolution program. In the absence of any sort of acknowledgement by GM that Mr. Silverman, through his experience in litigating cases against GM, has gained knowledge of confidential information, counsel’s personal opinion that he is privy to his opponent’s settlement strategies is not a sufficient showing to demonstrate to the court that information relating to the representation of GM is “generally known.” The court is certain that many a litigator, if asked, would be similarly confident of the extent of his or her knowledge of an adversary’s legal strategies. For these reasons, the court finds that RPC 1.9(a)(2) would mandate Mr. London’s disqualification. C. RPC 1.9(b) — “Appearance of Impropriety” Even if there is no' actual conflict of interest, disqualification is warranted if the subsequent representation creates an “appearance of impropriety,” as that standard is used in RPC 1.7. An appearance of impropriety exists where “an ordinary knowledgeable citizen acquainted with the facts would conclude that the multiple representation poses substantial risk of disservice to either the public interest or the interest of one of the clients.” RPC 1.7(c). This provision expressly preserves the common law decisions of New Jersey courts that analyzed conflicts of interest under an “appearance of impropriety” standard prior to its 1984 codification. Id. The “appearance doctrine,” as it is often called by the many New Jersey courts that have considered its application, has been heavily litigated and artfully -described. It is intended “not to prevent any actual conflicts of interest but to bolster the public’s confidence in the integrity of the legal profession.” In Re Advisory Opinion on Professional Ethics No. 569, 103 N.J. 325, 330, 511 A.2d 119, 122 (1986). It must be “something more than a fanciful possibility. It must have some reasonable basis.” Higgins v. Advisory Comm. on Prof. Ethics, 73 N.J. 123, 129, 373 A.2d 372, 375 (1977). Whether an appearance of impropriety exists is not to be determined from the point of view of the attorney or the court, rather, it is the “viewpoint of the public from which this Court has chosen to' judge whether particular conduct would constitute the appearance of impropriety. “We must view the conduct as an informed and concerned private citizen and judge whether the reputation of the Bar would be lowered if the conduct were permitted.’ ” In re Opinion No. 569, 103 N.J. at 331, 511 A.2d at 122; In re Advisory Opinion on Professional Ethics No. 115, 81 N.J. 318, 325, 407 A.2d 1197, 1200 (1979). What' the application of the appearance doctrine comes down to is a careful consideration of all the relevant facts and circumstances to determine what a reasonable person would perceive as proper or improper. Although the appearance doctrine is not recognized in other jurisdictions, including Pennsylvania, it remains of vital importance to the New Jersey bar. See In Re Advisory Opinion on Professional Ethics No. 621, 128 N.J. 577, 594, 608 A.2d 880, 888 (1992) (“We recognize that there has been controversy surrounding the imposition of the ‘appearance of impropriety’ standard and that it is not universally accepted. Nonetheless, our adoption of RPCs that explicitly impose that standard makes clear that it still applies in New Jersey”). ' The Appellate Division in In Re County of Bergen, 268 N.J.Super. 403, 633 A.2d 1017 (App.Div.1993), was called upon to determine .whether special counsel for the County of Bergen should have been disqualified pursuant to RPC 1.9 due to his former representation as bond counsel for the Bergen County Utilities Authority (“BCUA”), which in In Re County- of Bergen was the subject of an adversarial dissolution proceeding brought by the County of Bergen. The court found that even if there was not a “clear conflict of interest,” the successive representation created an appearance of impropriety because of counsel’s “full access to the BCUA’s files and records” while he was bond counsel, despite the absence in the record of any evidence indicating that counsel had ever violated the rights of BCUA Id. at 409-410, 633 A.2d at 1020-21. In G.F. Industries v. American Brands, Inc., 245 N.J.Super. 8, 583 A.2d 765 (App.Div.1990), the court found an appearance of impropriety where counsel for a parent company, who had previously represented that parent company and its subsidiary in the sale of the subsidiary to G.F. Industries, subsequently aided in the defense of that parent company in a suit brought by G.F. Industries and the subsidiary, alleging misrepresentation in the sale of the condition of some of the subsidiary’s assets. After noting that “New Jersey has chosen to strictly construe R.P.C. 1.9,” the court found an appearance of impropriety where counsel had frequent, direct contact with the subsidiary for many years, represented it in a variety of matters, and was very familiar with its files and facilities. Id. at 13, 15-16, 583 A.2d at 768-69. The New Jersey Supreme Court in In Re Cipriano, 68 N.J. 398, 346 A.2d 393 (1975), finding an appearance of impropriety in a lawyer’s current representation of a landlord against his tenants in dispossession proceedings where the lawyer had previously represented those same tenants against the landlord in matters arising from the tenancy, emphasized the view taken by the public regarding a lawyer’s decision to sue his former client: The impropriety of taking a case against a former client is not based solely on neces- ■ sity for disclosure of confidential communications. If the former client has any reason to feel aggrieved, the necessity of maintaining proper public relations for the bar and of avoiding the appearance of wrongdoing should cause the attorney to refuse to accept employment in a capacity adverse to the interests of a former client. Id. at 403, 346 A.2d at 395. These cases indicate, both by clear directive and by decision, that New Jersey holds its attorneys to strict compliance with the standards set forth in the RPC, and it takes very seriously its role in upholding the integrity of the New Jersey bar in order to maintain a solid measure of public confidence in the legal profession. Mr. London represented GM for approximately five years while at the Lavin and McBreen firms. During that time, he worked on over fifty lemon law eases, gaining extensive knowledge and experience in GM vehicles, the GM organization, the GM decision-making process and hierarchy, and GM’s approach to litigating or settling lemon law claims. He worked closely with and formed a close professional relationship with GM legal and technical personnel, and had access to GM’s electronic mail system. Ms. Adams trusted Mr. London “implicitly” and provided him with information over the course of their professional relationship with the expectation that any confidences and secrets would be protected by the attorney-client relationship and Mr. London’s ethical obligations to GM. He now is employed in a law firm of five attorneys who work almost exclusively on lemon law matters against many manufacturers, including GM. The record indicates that GM is a large source of revenue for Kimmel & Silverman, and all of the revenue generated from GM is deposited into a general fund from which the salaries of the three Kimmel & Silverman associates are paid. It is reasonable to assume that Mr. London derives at least part of his salary from lawsuits filed against his former client. ■ Despite the fact that Mr. London never represented GM on cases in New Jersey, and even assuming that Mr. London is not going to work on eases against GM, that Mr. Sil-verman has learned much of GM’s settlement and litigation style, and that the fundamentals of lemon law litigation are available within the public domain, the court finds that Mr. London’s five years of extensive involvement in the defense of GM lemon law claims would inevitably create a strong perception on the part of the public of knowledge of GM confidences. Although the court has no reason to believe that Mr. London and the firm of Kim-mel & Silverman would intentionally disseminate confidential information learned during, the course of Mr. London’s representation of GM, the appearance doctrine is in place to protect the public’s perception of the legal profession, and the New Jersey bar in particular, not to castigate an individual lawyer’s conduct. As stated by the court in State v. Rizzo, 69 N.J. 28, 350 A.2d 225 (1975): [A] lawyer must avoid even the appearance of impropriety, ... to the end that the image of disinterested justice is not impoverished or tainted. Thus it is that sometimes an attorney, guiltless in any actual sense, nevertheless is required to stand aside for the sake of public confidence in the probity of the administration-of justice. Id. at 30, 350 A.2d at 226. Accordingly, the court finds that Mr. London’s employment with Kimmel & Silverman creates an impermissible appearance of impropriety under RPC 1.9(b). III. DISQUALIFICATION OF KIMMEL & SILVERMAN Kimmel & Silverman argue that even if Mr. London would be disqualified from representing the plaintiffs, he has no intention of ever bringing suit against GM in New Jersey, and the ethics screen that currently exists within their firm effectively prevents Mr. London from inadvertently or intentionally spreading GM confidential information and protects the entire firm from disqualification. Respondents claim that they have the “absolute right” to screen Mr. London, citing a number of opinions by the New Jersey Advisory Committee on Professional Ethics. (Resp.Supp.Brief, at 20.) See Expert Report of David H. Dugan, III, Esquire; Report of James C. Schwartzman, Ex. P'. The use of “Chinese walls” or “cones of silence” as effective prophylactic mechanisms has been endorsed by a few courts in response to what was perceived as harsh results of strict application of the RPC. See Schiessle v. Stephens, 717 F.2d 417 (7th Cir.1983); Nemours Foundation v. Gilbane, Aetna, Federal Insur., 632 F.Supp. 418 (D.Del.1986); INA Underwriters Insur. Co. v. Rubin, 635 F.Supp; 1 (E.D.Pa.1983). At least two states have codified the use of screening in their RPC. See Pa. RPC 1.10(b); HI. RPC 1.10(b). Disciplinary rules, however, a