DQ Case of the Week: Negotiating to Work for the Opposing Firm

This disqualification case of the week arose in bankruptcy court, in which some of the most daunting conflict of interest …

DQ Cases of the Week: Offensive and Defensive Disqualification

Two interesting DQ opinions were issued last week and illustrate offensive and defensive disqualification (among other issues). The first case …

DQ Case of the Week: Representing the “In-Spouse” and the Family Business

The disqualification case of the week involves conflicts in the representation of small businesses and divorcing spouses (particularly in community-property …

DQ Case of the Week: The Sixth Amendment Strikes Back

The case of the week involves the Sixth Amendment right to counsel of choice (at least for those who can …

DQ Digest: Inadvertent Disclosure, Qui Tam Relators, Witness Representation, Advance Waivers, and Federal Preemption

Five new and notable disqualification opinions were issued in the last two weeks.  In order, they cover: (1) lawyers receiving …

DQ Case of the Week: A Disqualifying Violation of the Rules of Civil Procedure

Two potentially interesting and certainly unusual disqualification decisions were issued late last week.  The first case involves a lawyer whose …

The Long (or Short) Arm of Disqualification Jurisdiction

When a court orders disqualification, the court obviously has authority to enjoin the attorney or law firm from appearing before …

DQ Case(s) of the Week: Standing and Joint Representation

Two interesting cases came down last week from the California appellate courts. The first case involved a plaintiff who moved …

DQ Case of the Week: A Tale of Two Substantial Relationships

These two disqualification decisions come from the same federal district judge in the same week applying the same test — …

DQ Case of the Week: When Lawyers Attack Their Prior Work

The disqualification case of the week involves a specific type of former client conflict of interest: when a lawyer is …

DQ Case of the Week: When Effective Screening Is Ineffective

The DQ case of the week involves a law firm disqualified for hiring away opposing counsel’s paralegal. Plaintiffs were suing …

DQ Case of the Week: Disqualification and Disgorgement for Bad Lawyering

The case of the week comes from bankruptcy court, where a chapter 7 trustee moved to disqualify counsel for the …

DQ Case(s) of the Week: Affiliate Representation, Advance Waivers, Appearance of Impropriety, and Purloined Documents

Three cases this week deserve highlighting: (1) The first case contains a lengthy discussion of both affiliate representation and advance …

Disqualification News, Tips, and Tricks

Within the past two weeks or so, four interesting and concise articles on lawyer and law firm disqualification have been …

DQ Case of the Week: The Substantial Relationship of Two Attorneys

The disqualification case of the week involves a former client conflict of interest and the application of the substantial relationship …

DQ Case of the Week: Post-Conviction Conflicts of Interest

The (non-)disqualification case of the week comes from the United States District Court for the District of Nevada and pertains …

DQ Case of the Week: Interlocutory Appeals and Procedural Protections

The Georgia Court of Appeals this week published an opinion addressing two key issues in disqualification procedure: the timing of …

Disqualification Retaliation: Sanctions for Seeking or Defending Disqualification

The issue of disqualification can irritate many lawyers and judges.  For example, some fear that disqualification motions are invariably “tactical” …

DQ Case of the Week: Dueling Standards for Screening Laterals

The District Court of the Virgin Islands recently addressed, albeit briefly, the dueling standards as to whether screening incoming lateral …

DQ Cases of the Week: Lawyers as Witnesses and Private Attorneys General

The DQ case of the week is actually two federal cases, one from Massachusetts and another from Illinois.  The first …