Practice point: To disqualify counsel, movant must prove, among other things, a prior attorney-client relationship with opposing counsel.
Students should note that representation of a business entity does not make the firm counsel to an individual member, absent the assumption of an affirmative duty to represent.
Case: Campbell v. McKeon, NY Slip Op 06148 (1st Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
