CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
......Disqualification of Attorney
4 Cards On This Topic:
Order disqualifying attorney who would also be a witness at trial improperly based on ABA witness-advocate rule, which contains no provision for informed consent.
A motion to disqualify counsel may be brought by a present or former client or a nonclient based upon a third party conflict of interest or other ethical violation.
RPC 4.2 does not prevent a plaintiff's lawyer from talking to employees of a defendant-organization who might provide relevant evidence of actionable misconduct by another employee for which the defendant may be liable.
Appeal of order disqualifying attorney automatically stays enforcement of order; whether other parts of a proceeding are stayed depends on particular facts of case.