Bank Hapoalim B.M. v. WestLB AG

As a preliminary matter, counsel’s conduct in taking on the conflicting representation is governed by the Code of Professional Responsibility, which was in effect at the time of the conduct, rather than by the Rules of Professional Conduct, which were in effect when the motion to disqualify was brought (see Lee v Cintron, 25 Misc 3d 1210[A], 2009 NY Slip Op 52023[U], *2 [2009]; see generally Matter of Hays v Ward, 179 AD2d 427, 429 [1992], lv denied 80 NY2d 754 [1992]).

Code of Professional Responsibility DR 5-108 (22 NYCRR 1200.27) prohibits an attorney from “representing interests adverse to a…