•  
  •  
 

Authors

Ivy Johnson

Document Type

Article

Media Type

Text

Abstract

Lawyers often seek disqualification of the opposing counsel based upon their conflicts of interest as a strategic measure to delay litigation and increase costs for the other side. For many years, courts presumed that parties unaffected by the conflict of interest had standing because of the lawyer's professional obligations to report violations of ethics rules. Recently, the United States Supreme Court has cast doubt on the standing of such parties. This article first gives a brief introduction to conflict of interest rules and standing, followed by an in-depth analysis of the state of the law. Ms. Johnson concludes with an application of the constitutional standing analysis, demonstrating that the requirements imposed upon non-clients who move for disqualification of opposing counsel actually furthers the purposes of conflicts rules rather than impeding them.

First Page

1

Last Page

27

Publication Date

11-1-2002

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.