In determining Debevoise & Plimpton should not be removed as counsel in a case where several of its lawyers may be called as witnesses, an appellate court has issued a "new formulation" of the rule requiring attorneys' disqualification for a conflict of interest. The 2nd Circuit ruled that a firm "can be disqualified by imputation only if the movant proves by clear and convincing evidence" that the witness will give testimony prejudicial to the client and that the "integrity of the judicial system" will suffer as a result.
'New Formulation' on Conflicts Returns Debevoise to $8 Billion MetLife Case
New York Law Journal
September 30, 2009