Disqualifying a firm.

Practice point: The plaintiff sought to associate or merge with another law firm, one of which was the firm representing the defendant in this action. In discussions between the plaintiff and the firm, the plaintiff's principal allegedly disclosed certain information regarding, billing rates and the plaintiff's prior representation of the defendant's decedent. After the commencement of the instant action, the plaintiff learned that the firm was representing the defendant. The plaintiff moved to disqualify the firm, and the motion was granted.

Student note: The discussions between the plaintiff and the firm, which purportedly included matters at issue in the instant action, create the danger that confidences were disclosed, thus warranting the disqualification of the firm.

Case: Jacobs v. Parker, NY Slip Op 02818 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: Injures caused by a defective condition.