May 7, 2012
The New Jersey Supreme Court has reversed and remanded a determination not to disqualify an attorney retained in connection with delays in a construction dispute. The Appellate Division had affirmed the trial court's denial of the motion to disqualify.
The unanimous court held that the law firm's representation would violate Rule 1.9(a). The court found that the firm had provided advice and an opinion letter to a party and billed for approximately 20 hours of work. The firm thereafter entered an appearance on behalf of an opposing party.
The court found that the two representations were substantially related as it involved the "same discrete phase of the overall construction project, the same parties and the same dispute." In order to undertake the adverse matter, the law firm was required to have the former client's written permission. (Mike Frisch)
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