Texas Law Review Archives
 

Volume 57
1978-1979

Issue Number 5

Note:
Harva Ruth Dockery, Motions to Disqualify Counsel Representing an Interest Adverse to a Former Client, 57 Texas L. Rev. 726 (1979).
 

Abstract:
The ABA Code of Professional Responsibility provides three grounds for disqualification of counsel based on a conflict of interest between present and former clients. However, application of the Code has produced confusing results, providing no clear standard for attorneys contemplating whether to represent a particular client. This note suggests an approach to disqualification that provides more definite criteria by which attorneys can judge whether to undertake representation of a prospective client. Further, this note suggests techniques for tailoring disqualification in order to minimize its disruptive effect on the parties and the judicial system.




 



 

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