Thursday, April 10, 2014

Disqualifying an attorney.

Practice point:  To disqualify an attorney under rule 3.7(a) of  22 NYCRR 1200.0, the Rules of Professional Conduct, the moving party must demonstrate that the testimony of the opposing party's counsel is necessary to the moving party's case, and that such testimony would be prejudicial to the opposing party.

Student note: The Rules of Professional Conduct are not binding authority and provide guidance only.

Case: Cathedral Ct. Assocs., L.P. v Cathedral Props. Corp., NY Slip Op 02252 (2d Dept. 2014).

Here is the decision.

Tomorrow's issue:  Post-appeal motions to renew.