Disqualification of Counsel
| Author | Edward L. Birnbaum/Carl T. Grasso/Justice Ariel E. Belen |
| Pages | 345-372 |
DISQUALIFICATION
OF COUNSEL
12-1
CHAPTER 12
DISQUALIFICATION OF COUNSEL
I. GROUNDSIN GENERAL
§12:01 Use of Disqualification
§12:02 Usual Grounds for Disqualification
§12:03 Agreement Not to Solicit or Represent as Grounds
§12:04 Other Possible Grounds
§12:05 In Practice: Consider Stepping Aside
§12:06 Burden of Proof Is Clear and Convincing Evidence
II. CONFLICT OF INTEREST
A. General Points
§12:10 Disciplinary Rules
§12:11 Requirements for Disqualification
§12:12 Standing Required to Move for Disqualification
B. Prior Attorney-Client Relationship
§12:20 Initial Consultations
§12:21 Employees and Corporation’s Counsel
§12:22 Shareholders and Corporation’s Counsel
§12:23 Corporate Successor
C. Representation Must Be Substantially Related and Adverse
§12:30 Rule and Rationale
§12:31 Case Examples
§12:32 Prior Unrelated Matters
§12:33 Married Attorneys
D. Disqualification of Entire Firm
§12:40 When Issue Arises
§12:41 Disciplinary Rules
§12:42 Presumption of Shared Confidences
§12:43 Is Presumption Rebuttable or Irrebutable?
§12:44 Case Examples
§12:45 Extensive Participation and Chinese Walls
§12:46 Paralegals
§12:47 When Former Firm Is Party
E. Representing Multiple Clients
§12:60 Disciplinary Rule
§12:61 Case Examples
F. Counsel’s Judgment Compromised
§12:65 In General
§12:66 Case Examples
DISQUALIFICATION
OF COUNSEL
New York Trial Notebook 12-2
III. COUNSEL AS WITNESS
§12:70 Advocate-Witness Disciplinary Rules
§12:71 Lawyer to Be Called on Client’s Behalf
§12:72 Lawyer to Be Called Other Than on Client’s Behalf
§12:73 When Witness “Ought” to Testify
§12:74 Lawyer as Witness in Another Capacity
§12:75 Pro Se Representation
IV. PROCEDURE
§12:80 Timing
§12:81 Support or Oppose Motion With Appropriate Affidavits
§12:82 Hearing and Disclosure
FORMS
Form 12:10 Notice of Motion to Disqualify Counsel
Form 12:20 Affirmation in Support of Motion to Disqualify Counsel
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