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Swisher P.C. | Keith Swisher | Legal Ethics Opinions
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Swisher P.C. | Keith Swisher | Legal Ethics Opinions's posts

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This disqualification case of the week arose in bankruptcy court, in which some of the most daunting conflict of interest and disqualification issues arise.  Bankruptcy practice is frequently difficult and complex in this regard in part because the…

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Two interesting DQ opinions were issued last week and illustrate (among other issues) offensive and defensive disqualification. The first case involves a somewhat common scenario: the same firm represents two (or more) parties, but those parties have…

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The disqualification case of the week involves conflicts in the representation of small businesses and divorcing spouses (particularly in community-property states).  As the California Court of Appeal intriguingly put the issue: It’s a wonder we don’t see…

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The case of the week involves the Sixth Amendment right to counsel of choice (at least for those who can afford to pay for counsel of choice).  The federal district court initially denied the defendant’s choice of counsel but then reconsidered in light of…

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Five new and notable disqualification opinions were issued in the last two weeks.  In order, they cover: (1) lawyers receiving and returning inadvertently disclosed confidential information (and then being disqualified notwithstanding the information’s…

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Two potentially interesting and certainly unusual disqualification decisions were issued late last week.  The first case involves a lawyer whose firm regularly represents the University of Pittsburgh Medical Center (UPMC), which boasts more than twenty…

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When a court orders disqualification, the court obviously has authority to enjoin the attorney or law firm from appearing before the court on behalf of a party.  It is also fairly uncontroversial that the court’s authority extends to so-called ancillary…

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Two interesting cases came down last week from the California appellate courts. The first case involved a plaintiff who moved to disqualify the defense attorney because the attorney was also a named defendant.  The court rejected the motion on standing…

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These two disqualification decisions come from the same federal district judge in the same week applying the same test — but with different outcomes. The first case involves a dispute over “who owns the rights to Cat Story, a free mobile application…

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The disqualification case of the week involves a specific type of former client conflict of interest: when a lawyer is asked to criticize or attack the lawyer’s own previous advice or work product. Perhaps not surprisingly, this conduct is generally…
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