ETHICS: DISQUALIFICATION OF TRIAL COUNSEL - NECESSARY FOR FAIRNESS OR UNFAIR TACTIC

TRIAL.COM - NYC2012 - Frank DeSantis
ETHICS: DISQUALIFICATION OF TRIAL COUNSEL - NECESSARY FOR FAIRNESS OR UNFAIR TACTIC
Frank DeSantis (Thompson Hine; Cleveland, OH) presents at the The Network of Trial Law Firms' Litigation Management CLE SuperCourse: Recently, the number of motions by parties to disqualify the trial counsel of the adverse party seem to be significantly increasing, both in terms of decisions reported and trial lawyer experience. There are many ethics issues associated with the grounds advanced in support of these motions, mostly centered on theories of conflict of interest or breach of duty of loyalty. But are the concerns which are generally expressed by the moving parties in these motions, truly based upon ethics issues, or are these motions strictly a tactic aimed at obtaining unfair advantage. Trial court judges struggle with this dichotomy on a case-by-case basis.
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PowerPoint: www.trial.com/c...