What is the proper rule and application for disqualification based on nonlawyer employee conflicts of interest?

California, United States of America


The following excerpt is from Complex Asbestos LitIGAtion, In re, 232 Cal.App.3d 572, 283 Cal.Rptr. 732 (Cal. App. 1991):

Absent written consent, the proper rule and its application for disqualification based on nonlawyer employee conflicts of interest should be as follows. The party seeking disqualification must show that its present or past attorney's former employee possesses confidential attorney-client information materially related to the proceedings before the court. 13 The party should not be required to disclose the actual information contended to be confidential. However, the court should be provided with the nature of the information and its material relationship to the proceeding. (See Elliott v. McFarland Unified School Dist., supra, 165 Cal.App.3d at p. 572, 211 Cal.Rptr. 802.)

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