What is the test for a disqualification order against an attorney who has been found guilty of misconduct?

California, United States of America


The following excerpt is from Rotenberg v. Brain Research Labs, LLC, G044675, Super. Ct. No. 30-2010-00401652 (Cal. App. 2011):

Further, "it is relatively unimportant whether the status or misconduct claimed to warrant disqualification is proscribed by a particular ethical norm or disciplinary rule or may be characterized as a failure to avoid the appearance of impropriety. 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." (Gregori v. Bank of America (1989) 207 Cal.App.3d 291, 308-309.)

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