Legal Opinion
Bernacki v. Bernacki
New York Supreme Court
Decided January 14, 2015Published
1Opinion of the Court
OPINION OF THE COURT
Kenneth R. Fisher, J.
This is plaintiffs motion for an order disqualifying defendant’s counsel, Gregory J. Mott, Esq., on the grounds of conflict of interest as defined in Rules of Professional Conduct (22 NYCRR 1200.0) rule 1.18, the so-called prospective client rule. The motion is palpably without merit.
“Rule 1.18(c) of the New York Rules of Professional Conduct. . . prohibits a lawyer who possesses confidential information learned during a consultation with a prospective client from representing a party with interests materially adverse to those of a prospective client…
2Cases cited7 opinions
- Jamaica Public Service Co. v. AIU InsuranceNew York Court of Appeals · 1998
- Ezrasons, Inc. v. American Credit Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Burton v. BurtonAppellate Division of the Supreme Court of the State of New York · 1988
- Gustafson v. DippertAppellate Division of the Supreme Court of the State of New York · 2009
- Mayers v. Stone Castle Partners, LLCAppellate Division of the Supreme Court of the State of New York · 2015
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