Friday, January 3, 2014

No "Knee Jerk" Disqualification For Rule 4.2 Violation

The Kentucky Supreme Court declined to issue a writ of mandamus requiring attorney disqualification in civil litigation based on contacts with defendant employees in violation of Rule 4.2's "no contact" provisions.

The court agreed that the defendant had remedies short of disqualification to deal with the issue, noting that the trial court had indicated it would suppress any information obtained as a result of the ethical breach.

Further, the court stated that disqualification woul not be ordered as a "knee jerk" reaction to a Rule 4.2 violation.

Rather, such an order would punish the innocent client. and an be properly addressed in a bar disciplinary proceeding.(Mike Frisch)

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