Frazier

Original proceedings in mandate.

In this case, we examine the outer boundaries of the application of the substantial relationship test for vicarious disqualification of counsel. The superior court entered an order disqualifying petitioner’s Cumis counsel because the insurer’s counsel, which had a conflict of interest of which it was then unaware, covered a few depositions for Cumis counsel. Petitioner seeks a writ of mandate directing the superior court to vacate its disqualification order, contending the court overextended the rules of vicarious disqualification. We agree. In this context, the disqualification of Cumis counsel would require a double imputation of knowledge of confidential information—first from one member of the law firm representing the insurer to another member of that firm, and second from the latter attorney to a different law firm entirely. Case law does not support the double imputation. We grant the petition.

I

Facts

Sheila Ames and others (real parties in interest or real parties) filed suit against Jeffrey Frazier (petitioner) in connection with his involvement in the Willed Body Program at the University of California, Irvine. Altogether,…