Can a non-client bring a motion to disqualify opposing counsel?

California, United States of America

The following excerpt is from GREAT LAKES Constr. INC. v. BURMAN, 114 Cal.Rptr.3d 301, 186 Cal.App.4th 1347 (Cal. App. 2010):

Colyer, however, recognized a minority view that a non-client might have standing to bring a disqualification motion. A non-client must establish a personal stake in the motion to disqualify opposing counsel that is sufficient to satisfy the standing requirements of Article III of the United States Constitution. ( Colyer v. Smith, supra, 50 F.Supp.2d at p. 971.) Generally, only the former or current client will have such a stake in a conflict of interest dispute.

[114 Cal.Rptr.3d 309]

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