Is there a rebuttable or irrebuttable presumption that an attorney had the confidences of all of a firm’s clients when he left that firm? According to the 5th U.S. Circuit Court of Appeals, it’s rebuttable. Several legal ethics experts have said that a ruling to the contrary would have been a disaster for the legal profession in Texas and for any lawyer who has left one firm to go to work for another.
Kirk A. Kennedy and Mark A. D’Andrea v. Mindprint Inc. involved a case in which former Jackson Walker senior counsel Kirk Kennedy was disqualified by a U.S. Bankruptcy Court judge from representing a client in a case in which Jackson Walker represented an adverse party. A U.S. district court affirmed the bankruptcy judge.
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