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.