Christensen & Jensen | 257 East 200 South, Ste 1100 Salt Lake City, Utah 84111

801.323.5000 kporter@chrisjen.com

Conflict of Interest

Rule 1.9 Duties to Former Client

Rule 1.9 and substantial relation

In certain instances, a party may move to disqualify counsel for an opposing party.  Reasons a party may seek to disqualify opposing counsel may include: 1) concurrent conflicts of interest; 2) personal interest conflicts; 3) former client conflicts of interest; 4) lawyers as witnesses; 5) receipt of confidential, privileged, or stolen information; 6) contact with a represented party; 7) misconduct with witnesses; 8) other misconduct; 9) imputed misconduct, including imputed conflicts of interest; and 10) the appearance of impropriety.  Of […]

Disqualification

Disqualification and prospective clients under rule 1.18

In Applied Asphalt Techs. v. Sam B. Corp., et al., the plaintiff moved for disqualification of opposing counsel and his firm, as well as the associated counsel’s firm.   Plaintiff stated as basis for disqualification the fact that opposing counsel learned sensitive information about plaintiff’s case when members of Ned B. Mitchell Inc. (“NBMI”) met with opposing counsel to discuss possibly filing a lawsuit against defendants on behalf of NBMI.  Plaintiff also argued that it obtained NBMI’s attorney-client privilege when it […]