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Justice Ambrosio Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=104713 PLAINTIFF MOVED to disqualify defendants’ law firm, Morgan Lewis & Bockius, from representing defendants and former and current Lutherman Medical Center [LMC] employees who LMC identified as witnesses in plaintiff’s suit. He argued the firm violated the Code of Professional Responsibility in offering to represent, free of charge, the employees, who were non-party witnesses in the case. The court found the subject witnesses were not parties to the litigation and there was no chance they would be subject to any liability. It stated they were solicited by Morgan Lewis to gain a tactical advantage in the litigation by insulating them from any informal contact with plaintiff’s counsel. The court ruled this conduct was particularly egregious as Morgan Lewis effectively “did an end run around the laudable policy consideration of promoting the importance of informal discovery practices in litigation,” by violating the Code. Thus, plaintiff’s motion to disqualify the firm from representing the subject witnesses was granted.

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