Widger

Widger v. Owens-Corning Fiberglass Corp.

Good Law
232 Cal. App. 3d 572
Court of Appeal of CaliforniaJuly 19, 1991No. A047921California10,710 words

Opinion

Lead Opinion

Chin, J.

—Attorney Jeffrey B. Harrison, his law firm, and their affected clients appeal from an order disqualifying the Harrison firm in nine asbestos-related personal injury actions. 1 The appeal presents the difficult issue of whether a law firm should be disqualified because an employee of the firm possessed attorney-client confidences from previous employment by opposing counsel in pending litigation. We hold that disqualification is appropriate unless there is written consent or the law firm has effectively screened the employee from involvement with the litigation to which the information relates.

*580 Respondents 2 cross-appeal from the trial court’s order, contending that the Harrison firm should have been disqualified in all asbestos cases throughout the state. We hold that a trial court does not have authority to disqualify counsel in proceedings pending in other courts. Further, the trial court did not abuse its discretion by not disqualifying the Harrison firm in all asbestos cases before the court. ITtierefore, we affirm the order of the trial court.

Facts

Michael Vogel worked as a paralegal for the law firm of Brobeck, Phleger & Harrison (Brobeck) from October 28,…

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