Practice point: A movant seeking disqualification of opposing counsel bears a heavy burden As a party has a right to be represented by counsel of
its choice, any restrictions on that right will be carefully
scrutinized. This right will be balanced against a
potential client's right to have confidential disclosures made to a
prospective attorney subject to the protections afforded by an
attorney's fiduciary obligation to keep confidential information secret, pursuant to New York Rules of Professional Conduct [22 NYCRR 1200.0] rule 1.18.
The court will consider whether a motion to
disqualify, made during ongoing litigation, is made for tactical
purposes, such as to delay litigation and deprive an opponent of quality
representation. The decision of whether to grant a motion to disqualify is discretionary with the motion court.
Student note: Rule 1.6(a) of the Rules of Professional Conduct (22 NYCRR 1200.0)
defines "[c]onfidential information" as "information gained during or
relating to the representation of a client, whatever its source, that is
(a) protected by the attorney-client privilege, (b) likely to be
embarrassing or detrimental to the client if disclosed, or (c)
information that the client has requested be kept confidential."
Case: Mayers v. Stone Castle Partners, LLC, NY Slip Op 00295 (1st Dept. 2015)
Here is the decision.
Tuesday's issue: Premises liability when a guest falls.
