Harter v. University of Indianapolis

ENTRY ON DEFENDANT’S MOTION TO DISQUALIFY PLAINTIFF’S COUNSEL

HAMILTON, District Judge.

This case presents an important practical question under the Americans with Disabilities Act (ADA) and the Rules of Professional Conduct for attorneys. The question is whether an attorney for a disabled employee should be disqualified from a lawsuit as a “necessary” witness based on her participation in the “interactive process” between employer and employee to find reasonable accommodations for the employee’s disability. The parties and the court have not identified other decisions addressing this problem…