Does the disqualification of non-lawyer employees apply to a law firm?
"New York", United States of America
The following excerpt is from NYC Med. & Neurodiagnostic, P.C. v. Republic W. Ins. Co., 2004 NY Slip Op 24452 (NY 2/9/2005), 2004 NY Slip Op 24452 (N.Y. 2005):
Furthermore, a strict reading of DR 5-102 shows that the rule refers to lawyers and not to "lawyers, their agents, servants, or employees." From this, we may infer that the disqualification rules governing lawyers do not apply to "nonlawyer" employees of a law firm (Mulhern v. Calder, 196 Misc 2d at 823, supra).
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