Legal Opinion
Miller Electric Construction, Inc. v. Devine Lighting Co.
District Court, W.D. Pennsylvania
Decided November 1, 1976No. Civ. A. 76-580PublishedCited by 22 opinions
1Opinion of the Court
OPINION
SNYDER, District Judge.
Disciplinary Rules 5-101 and 5-102 of the Code of Professional Responsibility 1 require a lawyer to refuse employment or, if he has already accepted employment, to withdraw from the conduct of a trial when it is known or obvious that he or a member of his firm ought to testify for his client. This Court is here confronted with Defendant’s Motion for Disqualification of Plaintiff’s Counsel on the alleged basis that such counsel will be required to testify. 2 Premature action by the Court could erroneously deprive a party of his choice of counsel. On the other…
2Cases cited5 opinions
- Hull v. Celanese Corp.Court of Appeals for the Second Circuit · 1975
- Fed. Sec. L. Rep. P 93,675 James M. Richardson v. Hamilton International CorporationCourt of Appeals for the Third Circuit · 1972
- Fed. Sec. L. Rep. P 95,328 J. P. Foley & Co., Inc. v. Oliver D. Vanderbilt, Arthur Young & CompanyCourt of Appeals for the Second Circuit · 1975
- In Re Matter of Seymour A. Gopman. United States of America v. Seymour A. GopmanCourt of Appeals for the Fifth Circuit · 1976
- Tucker v. ShawCourt of Appeals for the Second Circuit · 1967
3Cited by22 opinions
- Borman v. BormanMassachusetts Supreme Judicial Court · 1979
- Comden v. Superior CourtCalifornia Supreme Court · 1978
- MacArthur v. Bank of New YorkDistrict Court, S.D. New York · 1981
- Cossette v. Country Style Donuts, Inc.Court of Appeals for the Fifth Circuit · 1981
- Commonwealth v. FloydSupreme Court of Pennsylvania · 1981
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