In determining that Debevoise & Plimpton should not be removed as counsel in a case where several of its lawyers may be called as witnesses, a federal appellate court has issued a “new formulation” of the rule requiring the disqualification of attorneys for a conflict of interest.
“[W]e now hold that a law firm can be disqualified by imputation only if the movant proves by clear and convincing evidence that [A] the witness will provide testimony prejudicial to the client, and [B] the integrity of the judicial system will suffer as a result,” the 2nd U.S. Circuit Court of Appeals ruled Tuesday in In re MetLife Demutualization Litigation, 09-3716-cv.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
