California, United States of America
The following excerpt is from Rodriguez v. Burbank Police Dep't, B227414 (Cal. App. 2012):
First, "'Mere exposure to the confidences of an adversary does not, standing alone, warrant disqualification. Protecting the integrity ofjudicial proceedings does not require so draconian a rule. Such a rule would nullify a party's right to representation by chosen counsel any time inadvertence or devious design put an adversary's confidences in an attorney's mailbox.'" (State Comp. Ins. Fund v. WPS, Inc. (1999) 70 Cal.App.4th 644, 657.)
Second. "Since the purpose of a disqualification order must be prophylactic, not punitive, the significant question is whether there exists a genuine likelihood that the status or misconduct of the attorney in question will affect the outcome of the proceedings before the court. Thus, disqualification is proper where, as a result of a prior representation or through improper means, there is a reasonable probability counsel has obtained information the court believes would likely be used advantageously against an adverse party during the course of the litigation." (Gregori v. Bank of America (1989) 207 Cal.App.3d 291, 308-309.)
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