A Pennsylvania state court judge disqualified Drinker Biddle & Reath LLP earlier this month from appearing for either defendant in a shareholder dispute involving a Philadelphia LLC that provides services to pharmaceutical companies.  The opinion spotlights the conflict issues that can come up when representing an entity and its controlling member against a claimed minority

When a conflict of interest crops up during a case, Ethics 101 tells us that the “taint” of that conflict can spread, and potentially knock out all the lawyers of the affected firm. Model Rule 1.10, “Imputation of Conflicts” explains the rule. But how far does that disqualification go? A New York appeals court examined this question in December, and reversed a DQ order in a personal injury suit.
Continue Reading How far does DQ extend? NY appeals court says not that far, reinstating co-counsel

As we’ve predicted before, the increasing globalization of high-level legal practice continues to create questions about forms of legal practice – in particular, vereins, a structure aimed at letting firms based in different countries operate under a unified brand. Mega-firms Fulbright & Jaworski and Dentons have faced motions to disqualify centered on structural issues, and now a Texas ethics opinion issued last month questions whether lawyers in the Lone Star state can use a verein name on pleadings.
Continue Reading Ethics opinion nixes use of verein names in TX, but firms say “Business as usual.”

Courts often analyze motions to disqualify by balancing the need to uphold professional standards against the rights of clients to choose their lawyers freely. The New Jersey court of appeals struck that balance earlier this month in upholding the disqualification of a lawyer who violated a confidentiality order, finding that the lawyer knowingly disobeyed a court order, among other violations.
Continue Reading Violating confidentiality order results in lawyer’s DQ and referral to state ethics board

BatteriesCelgard, LLC v. LG Chem, Ltd., a disqualification case decided by the Federal Circuit, continues to make waves.  Insightful commentary from Ronald Rotunda is here; he notes that typing the case name into Google yields more than 5,000 hits.

Last December, when the opinion came out, there was concern (see here and here

ethical screenSmall may be beautiful, but when it comes to law firms, small can signal disqualification troubles that a bigger firm might sometimes be able to avoid, according to the reasoning of a recent opinion.

We’ve posted here before about screening non-lawyer personnel in order to avoid imputed disqualification when a secretary or paralegal arrives

Blind justiceAlthough almost every U.S. jurisdiction now has some version of the ABA’s Model Rules of Professional Conduct, some of us who have been around awhile remember the old Disciplinary Rules, which governed lawyer conduct under the former Model Code of Professional Responsibility.  (Or maybe you remember the Disciplinary Rules because you practice in a state