Thursday, December 4, 2008

Watch Yourselves

Today's decision in Steinert v. Steinert, Appeals Ct. No. 07-P-1661, is the latest example of an appellate court expressing displeasure at one attorney trying to disqualify opposing counsel in a lawsuit.* And we can stipulate that this practice is occasionally, for lack of a better word, scuzzy.

But don't forget that lawyers often put themselves in these positions. Lawyers who call an opposing party directly and learn some incriminating bit of information. Lawyers who inject themselves into parties' attempts to resolve a dispute before it heads to litigation. Does it go without saying that a great deal of care must be employed when dealing with a party not yet represented by counsel? Yes.

But it bears repeating (if that makes any sense).

*In this instance, a divorce.

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