· 4/7/1995
F.D.I.C. v. U.S. Fire Ins. Co.
Citations
- 50 F.3d 1304
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that plaintiffs lawyer was necessary witness under lawyer-witness rule because lawyer had knowledge of facts relating to defendant’s defense based on discovery of facts that would put plaintiff on notice about its loss
- holding that plaintiff’s lawyer was necessary witness under lawyer-witness rule because lawyer had knowledge of facts relating to defendant’s defense based on discovery of facts that would put plaintiff on notice about its loss
- recognizing this concern; noting that comments to Model Rules “emphasize the possibility of confusion between an attorney’s dual roles”
- explaining that “public faith in the integrity of the legal system is more likely to be undermined than vindicated” if the non-testifying members of the law firm were disqualified
- noting that “[d]epriving a party of the right to be represented by the attorney of his or her choice is a penalty that must not be imposed without care- ful consideration”
- noting that courts adjudicating a motion to disqualify should consider, in addition to relevant ethical precepts, the impropriety of counsel's conduct and the extent to which public suspicion of that conduct outweighs any social interests served by allowing counsel to continue participating
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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