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.
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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

Proceed with cautionAlthough a corporate parent and its subsidiary may be unified in structure, that may not be enough to disqualify a law firm that is involved in suing the subsidiary while representing the parent.

That’s the message the U.S. District Court for the Southern District of New York recently sent via its decision in HLP Properties,