Don't let litigants play the lawyer-disqualification game
It's no secret that some divorce seekers meet with a lawyer at every high-profile matrimonial firm in town for one reason -- to take those firms out of the case. "What should a lawyer and judge do when confronted with a litigant who has interviewed many attorneys in a field and now attempts to disqualify all those he does not retain from representing his opponent?"
That's the question David W. Inlander and Deborah Jo Soehlig address in the latest ISBA Bench and Bar newsletter. They analyze Illinois Rule of Professional Conduct 1.18, "Duties to Prospective Client," and look at how it can allow a would-be disqualified firm to represent the opposing party if "potentially disqualified attorneys within [the firm are] properly screened and take no share of the fee." Read their article.
Member Comments (1)
This is why someone needs to charge a significant non-refundable retainer fee to ensure the attorney's availability to represent the client and to compensate the lawyer from being prevented from taking on other clients. This would almost certainly discourage this conduct and if not then the attorney would be fairly compensated form having been disqualified due to the conflict.