stating that “we continue to believe that possible ethical conflicts surfacing during a litigation are generally better addressed by the comprehensive disciplinary machinery of the state and federal bar”
How later courts described this case
- stating that “we continue to believe that possible ethical conflicts surfacing during a litigation are generally better addressed by the comprehensive disciplinary machinery of the state and federal bar”
- noting that “Code’s Disciplinary Rules were drafted for use in disciplinary proceedings and were not intended [by the drafters] to be used as rules governing disqualification motions,” although such Rules provide guidance in deciding whether attorney’s participation will taint the proceedings
- "We recognize" that asymmetry, but "are willing to endure whatever appearance of inconsistency" it gives rise to
- recognizing appellate jurisdiction over orders granting disqualification motions in civil cases
Written by the judges who cited it.
The opinion
MESKILL, Circuit Judge
(concurring in part and dissenting in part):
I concur in that part of the majority opinion which holds that no attorney disqualification was required, but dissent from the overruling of Silver Chrysler and concur in Judge Mulligan’s separate opinion.