CALIFORNIA FAMILY LAW
...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.