What is the legal test for disqualification of an attorney?

California, United States of America


The following excerpt is from River West, Inc. v. Nickel, 188 Cal.App.3d 1297, 234 Cal.Rptr. 33 (Cal. App. 1987):

Difficulties in finding a "suitable" judge to hear an attorney disqualification motion do not excuse prompt noticing of the motion. Although the [188 Cal.App.3d 1313] absence of a judge may extend the time to bring the entire case to trial (Hartman v. Santamarina (1982) 30 Cal.3d 762, 768, 180 Cal.Rptr. 337, 639 P.2d 979), the importance of placing adverse counsel and the parties on notice of a serious question concerning further participation in the litigation demands early notice and filing of the appropriate objections.

Page 44

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
If an attorney's work is complete upon signing of a decree of distribution, and if so, how much work must be done by the attorney to complete the work before the attorney has to engage other counsel for the remaining 60% of his work? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
What is the legal test for disqualification of an attorney who represents a client with conflicting interests? (California, United States of America)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (California, United States of America)
What is the legal test for disqualification of an attorney who represents a client with conflicting interests? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
What is the test for disqualification of an attorney who improperly obtained privileged information from an opposing attorney? (California, United States of America)
What is the current state of the law on disqualification of an attorney who has been found in breach of a disqualification order? (California, United States of America)
What is the legal test for disqualification of an attorney by a trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.