Gas-A-Tron of Arizona and Coinoco v. Union Oil Company of California, Petrol Stops Northwest v. Continental Oil Company

The district court disqualified all lawyers in the firm of Berman and Giauque (“Berman”) from representing the plaintiffs in these private antitrust actions brought against several major oil companies, including Shell Oil Company (“Shell”) and Exxon Corporation (“Exxon”), for as long as these corporations were defendants. Berman appeals. The disqualification order was based on the district court’s conclusion that disqualification of the whole firm was necessary to prevent any appearance of impropriety that might result because Berman had hired a young associate who had previously worked for a large law firm that had represented Shell and Exxon in other cases.

Late in 1973, Berman filed these actions against Exxon, Shell and others claiming that they violated the antitrust laws in various respects in their relationships with their dealers and other marketers of refined petroleum products through the United States, with particular emphasis on the West Coast area. In February 1974, Berman hired Richard D. Burbidge as an associate. Mr. Burbidge had been employed by the Los Angeles firm of McCutchen, Black, Verleger & Shea (“McCutchen”), as an associate from August 1, 1972…