Thursday, October 1, 2009
When is a conflict a conflict?
In determining that a law firm should not be removed as counsel in a case where several of its lawyers may be called as witnesses, the U.S. Circuit Court of Appeals for the 3nd Circuit has issued a "new formulation" of the rule requiring the disqualification of attorneys for a conflict of interest by holding that "[W]e now hold that a law firm can be disqualified by imputation only if the movant proves by clear and convincing evidence that (a) the witness will provide testimony prejudicial to the client, and (b) the integrity of the judicial system will suffer as a result." The opinion is available here. For more on the story go here.