What is the legal test for disqualifying an entire law firm for failing to provide an "ethical wall" around a plaintiff in a civil case?

California, United States of America


The following excerpt is from Cal. Self-Insurers' Sec. Fund v. Superior Court of Orange Cnty., 19 Cal.App.5th 1065, 228 Cal.Rptr.3d 546 (Cal. App. 2018):

court granted the motion to disqualify. ( Id. at pp. 112-113, 14 Cal.Rptr.2d 184.) The Henriksen court followed Dill v. Superior Court (1984) 158 Cal.App.3d 301, 205 Cal.Rptr. 671, a case with almost identical facts. The court noted that an ethical wall was insufficient: "[T]he ethical wall concept has not found judicial acceptance in California on our facts: a nongovernmental attorney armed with confidential information who switches sides during the pendency of litigation." ( Henriksen , supra , 11 Cal.App.4th p. 115, 14 Cal.Rptr.2d 184.) Disqualification of the entire firm under such circumstances, the court held, was automatic and required. ( Id. at pp. 114-115, 14 Cal.Rptr.2d 184.)

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