Search for: "MATTER OF RULES ON DISQUALIFICATION"
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2 Feb 2024, 2:30 am
Nothing in the ensuing commentary, discussion, and litigation has caused us to revise our core propositions: that, as a matter of the original public meaning of the text, the structure, and the history of the Constitution – our methodology for interpreting and applying the Constitution – Section Three of the Fourteenth Amendment remains legally operative and in force; that it directly enacts a specific and discernable set of constitutional rules of… [read post]
12 Oct 2011, 4:00 am
The Mississippi Supreme Court's hand-down list on Thursday included the following unanimous ruling: In Re: Union Carbide Corporation, et al.; Smith Circuit Court; LC Case #: 2006-196; Ruling Date: 05/19/2011; Ruling Judge: Eddie Bowen; Disposition: Union Carbide's Petition for Disqualification of Trial Judge Pursuant to M.R.A.P. 48B, for an Immediate Stay of All Proceedings, and for Other Extraordinary Relief is granted. [read post]
25 Feb 2009, 9:01 am
Perusing the Model Rules of Professional Conduct, a version of which is in place in most states (New York is one exception), we find Rule 1.7 (relating to current clients) strictly prohibits lawyers from representing new clients "directly adverse to another client" whereas Rule 1.9 (relating to former clients) merely prohibits lawyers from working on "the same or a substantially related matter" as they did for the former… [read post]
24 Nov 2014, 5:04 pm
Summary judgment is designed to eliminate from the trial calendar litigation that can be resolved as a matter of law. [read post]
2 Apr 2019, 7:00 am
“Now the rule of competence for attorneys generally says you have an ethical duty to handle matters that you are competent to handle,” Borodkin said. [read post]
2 Apr 2019, 7:00 am
“Now the rule of competence for attorneys generally says you have an ethical duty to handle matters that you are competent to handle,” Borodkin said. [read post]
10 Jan 2021, 9:08 pm
But better safe than sorry, when it comes to such matters. [read post]
3 Mar 2020, 3:12 am
No matter how careful a driver you are, it is always possible to be involved in an unfortunate accident on the road. [read post]
27 Dec 2021, 8:19 am
It notes exceptions for circumstances when a lawyer is screened from participation with the potentially conflicting matter and the lawyer gives notice to the former client. [read post]
5 Jan 2024, 6:06 am
Context matters. [read post]
10 Jan 2018, 7:04 pm
There are some exceptions to bad actor disqualification. [read post]
10 Jan 2018, 7:04 pm
There are some exceptions to bad actor disqualification. [read post]
16 Oct 2007, 10:48 am
The district court ruled that the deposition was unnecessary because of the extensive testimony of Hayes during the disqualification hearing and because the DOJ had made a substantial number of relevant non-privileged documents available on the matter. [read post]
24 Mar 2007, 6:36 am
As a result, our ruling shall be purely prospective. [read post]
11 Jan 2023, 6:04 am
Morris’s motions and by ruling in favor of the defendants on other matters. [read post]
7 Aug 2020, 10:36 am
First, Rule 40(i)(1), SCRCP, provides counsel may request a continuance “as actions are called. [read post]
2 Sep 2010, 3:52 am
Naimi is now subject to disqualification from representing Allstate, another party in interest.Under California rules, the relationship of attorney and client is established prima facie at the time of preliminary consultations with a view toward retention, even if actual retention does not materialize. [read post]
2 Nov 2011, 8:02 am
But a judge disagreed, ruling that the lawyer had "primary responsibility" on the matter, which was enough to trigger the disqualification. [read post]
1 Dec 2022, 6:01 am
” “Knapp also held that Sacher’s role in the underlying matter was substantial enough to impute the conflict to Tucker Ellis under the rules in Ohio. [read post]
29 Aug 2006, 10:20 am
There is, however, an exception to disqualification--the "rule of necessity. [read post]
