06/27/2005
Disqualification is Not Always Required by a Concurrent Client Conflict of Interest if the Balance of Hardships Weighs Strongly in Favor of Continued Representation of the Prior of the Two Clients
Prudential Insurance Company of America v. Anodyne, Inc., et al.
365 F.Supp.2d 1232 (S.D.Fla. 2005)
365 F.Supp.2d 1232 (S.D.Fla. 2005)
Brief Summary
This is not the first case in the country to hold that some current client conflicts may not require disqualification. No firm, however, would be well advised to take on adverse concurrent representations in the hopes that a court may subsequently show leniency. At least for the time being, such results are likely to remain few and far between.
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