Tuesday, August 9, 2016

Attorney disqualification based on an alleged conflict of interest.

Practice point:  Where, as here, a party is neither a present nor a former client of the law firm sought to be disqualified, it acks standing to seek disqualification.

Student note:  The basis of a motion to disqualify an attorney due to an alleged conflict of interest is an allegation of a breach of a fiduciary duty owed by an attorney to a current or former client. When the firm sought to be disqualified has never represented the moving party, that firm owes no duty to that party, and there can be no duty breached.

Case:  Ellison v. Chartis Claims, Inc., NY Slip Op 05704 (2d Dep't August 3, 2016)

Here is the decision.

Tomorrow's issue:  Venue in an action involving a domestic corporation.