Monday, July 5, 2010

Disqualification Ordered; Screening for Paralegal Is Inadequate

Law firm that had hired paralegal who had previously worked for attorney representing party adverse to firm's client failed to rebut presumption the paralegal shared confidential information about the case with the members of the new firm, and, thus, trial court's disqualification of firm was required; firm's conflict-screening procedures with respect to paralegal, while thorough, nevertheless did not reveal the potential conflict related to paralegal's work on both sides of the litigation, leading paralegal to eventually perform work on behalf of firm's client in connection with same case, and because paralegal had worked on both sides of same case, disqualification was required. In re Guar. Ins. Services, Inc. 310 S.W.3d 630 (Tex.App.-Austin,2010)

Link to Opinion

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