Legal News

Conflict of interest decision reflects 'changing landscape of legal practice'

By Richard Binder

The Los Angeles 2nd District Court of Appeal ruled Wednesday that an entire law firm need not be automatically disqualified from a case on the sole basis of one of its attorneys having a conflict of interest. The court said a firm only needs to prove "by evidence" that the tainted lawyer's confidential client information wasn't shared with others on the staff who represent an opposing party.

The case involved Sonnenschein Nath & Rosenthal being disqualified last year from representing First American Title Insurance Co. in four class actions challenging business practices. Los Angeles County Superior Court Judge Anthony Mohr decided Sonnenschein attorney Gary Cohen had consulted with the plaintiffs during a 17-minute telephone call in 2007 while he was chief counsel for Fireman's Fund Insurance Co. Cohen filed a declaration saying he had complied with ethical standards but had forgotten hours he'd billed on an unrelated matter for First American.

Cohen left Sonnenschein earlier this year. The 2nd District said there was no dispute that Cohen was disqualified, but felt the Supreme Court had left wiggle room on the broader issue.

Click here for the full story.

Full post as published by Legal Pad | LA on April 09, 2010 (boomark / email).