What is the legal test for disqualifying counsel in a civil matter?

California, United States of America


The following excerpt is from Marsh v. Gaumont Television USA, LLC, B300411 (Cal. App. 2020):

Trial courts have the power to disqualify counsel under their inherent power "[t]o control in furtherance of justice, the conduct of its ministerial officers." (Code Civ. Proc., 128, subd. (a)(5); see People ex rel. Dept. of Corporations v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145 (SpeeDee Oil).) The decision whether to disqualify a lawyer or law firm ordinarily involves consideration of "several important interests," including

Page 6

Other Questions


Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
What is the effect of the "uncodified" section of the California Civil Code of Civil Procedure when dealing with civil matters? (California, United States of America)
Can a motion to disqualify counsel be used to harass or intimidate opposing counsel? (California, United States of America)
What is the legal test for reversal of a jury verdict in a civil case where counsel failed to object to an expert testimony? (California, United States of America)
What is the legal test for a jury to consider whether a defendant is guilty of the lesser included charge of manslaughter under the California Civil Code of Civil Procedure? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
Is a jury required to "educate the jury on the legal page 314 of the legal Page 314" of the California Civil Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.