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Ethics

: Legal Ethics Forum

Federal Circuit applies balancing test after "substantial relationship" test is met

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The Federal Circuit, applying Fifth Circuit law, rejected a writ seeking disqualification of an intellectual property firm where a former partner had given advice (but did not bill the client) on a matter related to the litigation.  Even where the "substantial relationship" test had been met, the court could still use a balancing test to see if the remedy of disqualification was warranted.  (Disclaimer: the case involves my former firm, although I didn't work on the matter.)

Full post as published by Legal Ethics Forum on August 10, 2010 (boomark / email).

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