Rule 3-310(E) of California Rules of Professional Conduct states that a lawyer “shall not, without the informed written consent of the client or former client, accept employment adverse to the client, or former client where, by reason of the representation of the client or former client, the member has obtained confidential information material to the employment.”
<b>Counsel Concerns</b>Music Publisher's Defense Counsel To Stay in Case
The Court of Appeal of California, Second Appellate District, Division Four acknowledged that an entire firm can be disqualified when one of its attorneys formerly represented and may possess confidential information harmful to a former client who is now an adverse party in litigation. But the court of appeal emphasized that this wasn't so if "there was no opportunity for confidential information to be divulged."
By
Law.com Staff
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