Panel Says Divorce Counsel Should Be Disqualified
A Second Department panel, reversing the trial court, said that while disqualification generally falls within the court's discretion, the "very appearance of a conflict of interest" in a divorce case "was alone sufficient" to warrant disqualification of the wife's attorney.
February 09, 2015 at 03:00 AM
3 minute read
The original version of this story was published on New York Law Journal
A trial judge should have granted a divorcing husband's motion to disqualify the law firm representing his wife because one of its attorneys had gained knowledge of the husband's business information, a Brooklyn appellate court has ruled.
The 3-1 panel of the Appellate Division, Second Department, said Wednesday that while the disqualification of an attorney generally falls within the court's discretion, the “very appearance of a conflict of interest” in Cohen v. Cohen, 202619/11, “was alone sufficient” to warrant disqualification of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger.
The majority of the panel, consisting of Justices Thomas Dickerson (See Profile), Sandra Sgroi (See Profile) and Hector LaSalle (See Profile), wrote that if any doubt exists as to whether there is a conflict of interest, the matter “must be resolved in favor of disqualification so as to avoid even the appearance of impropriety,” citing Mineola Auto., Inc. v. Millbrook Props., Ltd., 118 AD3d 680, which quoted Seeley v. Seeley, 129 AD2d 625.
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