Wednesday, August 15, 2007

"Insight" No Basis To Disqualify

A motion to disqualify counsel was recently denied by the federal district court in Maine. The movant had alleged that the lawyer had gained confidential information in a prior representation in a joint defense "over the rights to a gourmet pasta sauce." The court concluded that the representation was 'completely unrelated" to the present action. The second claim was that the lawyer had received information concerning the movant's assets and had "necessarily gleaned insight into the way in which [movant] responds in the course of defending himself in litigation."

The court found that movant's financial status was a matter of public knowledge and that generalized information about the movant's ability to deal with the stress of litigation was an insufficient basis for disqualification. (Mike Frisch)

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