"Disqualification of Counsel"

Publication name: 
New York Law Journal
Date published: 
Oct. 2, 2002.

When, in the course of litigation or transactional representation, is the disqualification of opposing counsel appropriate? A civil litigant has a fundamental right to choose her legal counsel.1 Resolving disqualification applications therefore requires a delicate balance between the interests of the client who desires to retain an attorney of his or her choice against the interests of the opposing party to be free from any risk of opposition by an attorney who had been privy to that litigant's confidence.2