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 U.S. Court of Appeals for the Second Circuit ruled yesterday in In re MetLife Demutualization Litigation, 09-3716-cv.
The Second Circuit decision appears on page 25 of the print edition of today’s law Journal.
