Mt. Carmel Mercy Hospital v. United States

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Fiduciary obligations and professional responsibilities may warrant disqualification of counsel in appropriate cases even in the absence of a strict contractual attorney-client relationship”.
• “Substantiality is present if the factual contexts of the two representations are similar or related’’
• “In this case [the firm’s] first representation of Smith was sufficiently extensive that institutional standards of the legal profession impose upon the attorneys a continuing obligation to the client not to change sides after the representation has ceased.’’
• “Because of the sensitivity of client confidence and the profession’s institutional need to avoid even the appearance of a breach of confidence, disqualification is required when lawyers change sides in factually related cases.”
• where attorney had the opportunity to learn of policies, practices, and procedures, “[t]he ethical obligations ... require us to protect against any possibility that this information, if acquired, might be used against the former client”
• attorney had formerly represented corporate officer personally in substantially related matter

Source: CourtListener parenthetical corpus (CC0).