Ordinarily, a defendant will not actively try to help the plaintiff prove her case. But even this fundamental principle of the adversarial litigation process has limits. For example, in the criminal context, a defendant may cooperate with the prosecution in exchange for immunity or preferential sentencing. Thus, the internet’s recent fascination with the overeager Tekashi
Disqualification
Another Stern Reminder re: Judiciary Law § 470 is Alive and Well
By Farrell Fritz P.C. on
Posted in Motions
Frequent readers of this blog may recall my post from the end of last year in which I highlighted a decision of the Appellate Division, First Department affirming a decision of New York County Commercial Division Justice Shirley Werner Kornreich, that examined the application of Judiciary Law § 470. For those needing a refresher, Judiciary…
Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!
By Farrell Fritz P.C. on
Posted in Attorney-Client Relationship
Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the First Department may be surprised to learn that, in certain circumstances, a representation adverse to their former clients, even in litigation arising…