Legal Opinion

Worley v. Moore

Supreme Court of North Carolina

Decided December 8, 2017No. 310A16PublishedCited by 6 opinions

1Opinion of the Court

NEWBY, Justice.

**359 In this case we consider whether the trial court properly disqualified defendants' counsel under North Carolina Rule of Professional Conduct 1.9(a). This rule balances an attorney's ethical duties of confidentiality and loyalty to a former client with a party's right to its chosen counsel. The rule permits disqualification of an attorney from representing a new client if there is a substantial risk that the attorney could use confidential information shared by the client in the former matter against that same client in the current matter. This analysis requires the trial…

2Cases cited9 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. Nix v. WhitesideSupreme Court of the United States · 1986
  3. The Government of India and the Food Corporation of India v. Cook Industries, Inc. And Cook and CompanyCourt of Appeals for the Second Circuit · 1978
  4. Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corporation and Chrysler Realty CorporationCourt of Appeals for the Second Circuit · 1975
  5. Travco Hotels, Inc. v. PIEDMONT NAT. GAS CO., INC.Supreme Court of North Carolina · 1992

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3Cited by6 opinions

  1. In Re Krispy Kreme Doughnuts, Inc. S'holder Litig.North Carolina Business Court · 2018
  2. Chambers v. Moses H. Cone Mem'l Hosp.Supreme Court of North Carolina · 2020
  3. Chambers v. Moses H. Cone Mem'l Hosp.Supreme Court of North Carolina · 2020
  4. Mauck v. Cherry Oil Co., Inc.North Carolina Business Court · 2021
  5. SVB Financial Group v. Federal Insurance CompanyDistrict Court, E.D. North Carolina · 2024

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