Phoenix Founders, Inc. v. Marshall
Texas Supreme Court
1Opinion of the CourtSpector, Justice
in which PHILLIPS, Chief Justice, and GONZALEZ, HIGHTOWER, HECHT, DOGGETT, CORNYN and GAMMAGE, Justices, join.
In this original proceeding, we consider whether a law firm must be disqualified from ongoing litigation because it rehired a legal assistant who had worked for opposing counsel for three weeks. We hold that disqualification is not required if the rehiring firm is able to establish that it has effectively screened the paralegal from any contact with the underlying suit. Because this standard had not been adopted in Texas prior to the trial court’s disqualification order, we deny…
2Cases cited11 opinions
- Spears v. Fourth Court of AppealsTexas Supreme Court · 1990
- NCNB Texas National Bank v. CokerTexas Supreme Court · 1989
- In Re Complex Asbestos LitigationCalifornia Court of Appeal · 1991
- HECI Exploration Co. v. Clajon Gas Co.Court of Appeals of Texas · 1993
- Petroleum Wholesale, Inc. v. Marshall, Texas Court of Appeals, 5th District (Dallas)1988
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3Cited by78 opinions
- National Medical Enterprises, Inc. v. GodbeyTexas Supreme Court · 1996
- In Re MeadorTexas Supreme Court · 1998
- Canal Insurance Co. v. Hopkins, Texas Court of Appeals, 12th District (Tyler)2007
- Crown Central Petroleum Corp. v. GarciaTexas Supreme Court · 1995
- In Re Smith Barney, Inc.Texas Supreme Court · 1998
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