Legal Opinion
Clinard v. Blackwood
Tennessee Supreme Court
Decided May 18, 2001No. M1998-00555-SC-R11-CVPublishedCited by 75 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · HolderHolder, J.
in which ANDERSON, C.J., and BIRCH, joined.
We granted this appeal to determine whether attorney screening procedures may be used to prevent a law firm’s disqualification under Tenn.Sup.Ct.R. 8, *181Canon 5, DR 5-105(D), the vicarious disqualification rule. We hold that when an attorney has a conflict of interest arising from a former representation that would prohibit representation of a present client, DR 5-105(D) does not require automatic vicarious disqualification of that attorney’s law firm. When an attorney has a conflict of interest resulting from former representation, adequate…
3Cases cited26 opinions
- State v. ShirleyTennessee Supreme Court · 1999
- Analytica, Incorporated v. Npd Research, Inc., Defendant-Cross-Appellant-Cross-Appellee. Appeals of Schwartz & Freeman and Pressman and Hartunian ChtdCourt of Appeals for the Seventh Circuit · 1983
- Davis v. Liberty Mutual Insurance Co.Tennessee Supreme Court · 2001
- Eleanor Schiessle v. Donald E. StephensCourt of Appeals for the Seventh Circuit · 1983
- Petition of BursonTennessee Supreme Court · 1995
21 more not listed; retrieve them via the Exa API.
4Cited by75 opinions
- State v. WhiteTennessee Supreme Court · 2003
- Frazier v. StateTennessee Supreme Court · 2010
- Boyd v. Comdata Network, Inc.Court of Appeals of Tennessee · 2002
- Doe Ex Rel. Doe v. Roman Catholic Diocese of NashvilleTennessee Supreme Court · 2005
- State v. DavisTennessee Supreme Court · 2004
70 more not listed; retrieve them via the Exa API.