Sunday, May 24, 2015

Another case on whether the appearance of impropriety can be used as a standard in conflicts cases

A few days ago I wrote about a case in which the Kentucky Supreme Court criticized the use of the notion of "appearance of impropriety" as a standard in conflicts cases.  See here.

In contrast, in a case decided in New York about a month later, the court relied on appearance of impropriety in a routine former client conflict of interest case.  See  Avigdor v. Rosenstock (N.Y. Sup. Ct. May 12, 2015).  The court held that if a party seeking to disqualify a lawyer meets the elements required to support the motion to disqualify, the order to disqualify should be issued in order to "free the former client from any apprehension that matters disclosed to an attorney will subsequently be used against it in related litigation" and to avoid "the appearance of impropriety' on the part of the attorney or the law firm."

Thanks to Bill Freivogel of Freigovel on Conflicts for the update.

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