Second Circuit Limits Use of Witness-Advocate Rule for Disqualification

Murray v. Metropolitan Life Ins. Co., 583 F.3d 173 (2d Circ. 2009)

The Second Circuit took a fact-specific and critical approach in applying the witness-advocate rule to a motion to disqualify counsel. The court requires the moving party to establish that the lawyer’s testimony will both prejudice the client and harm the integrity of the judicial system.

http://www.hinshawlaw.com/second-circuit-limits-use-of-witness-advocate-rule-for-disqualification-12-22-2009/

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