The firm representing a suspended attorney accused of trying to steal from his ex-wife is challenging a disqualification attempt by Nassau County prosecutors, arguing that contact between a firm partner and their client’s ex-wife before the start of the government’s case did not rise to the level of a "substantive or de facto attorney-client relationship."

The Nassau County District Attorney’s Office has moved to disqualify Barket, Marion, Epstein & Kearon of Garden City from representing suspended divorce attorney Dominic Barbara, who faces charges of stalking and extortion attempts against his ex-wife Leslie Barbara, who is also an attorney. Prosecutors contend the firm is conflicted because name partner Bruce Barket previously entered an attorney-client relationship with Ms. Barbara after the two discussed Mr. Barbara’s behavior, and Barket made a call to a prosecutor about Mr. Barbara’s case.