Successful disqualification of your opponent’s attorney happens fewer times than one might guess. Here is a successful disqualification:
"Finkelman v. Greenbaum, 8998-06
Decided: January 10, 2007
Justice Leonard B. Austin
PLAINTIFF MOVED to disqualify the firm of Doyle and Broumand LLP as attorneys for defendants, alleging the firm represented entities that were the subject of the disparity agreement in the instant matter and currently represented an entity in which plaintiff was a managing member. Defendants cross moved to dismiss the amended complaint. The court found the law firm represented HPS Holdings LLC in which plaintiff owned a 20 percent interest and was the co-managing member, in an action pending in the Bronx Supreme Court, noting once the firm realized that a potential conflict existed it sought to obviate the conflict by withdrawing as counsel for HPS. It stated the firm’s representation of HPS pre-dated its representation of defendant Greenbaum in this action, thus it was breaching its duty of loyalty to HPS by seeking to withdraw as counsel so that it could represent Greenbaum in the instant action. Hence, the court ruled a conflict or potential conflict existed mandating disqualification of the firm. "