12/06/2007
Appearance of Impropriety Test Abandoned in Oklahoma
Arkansas Valley State Bank v. Phillips, ___P.3d ___, 2007 WL 3012848 (Okla. S. Ct. 2007)
Brief Summary
The Oklahoma Supreme Court held that counsel should not be disqualified based on the “appearance of impropriety” test. Moreover, disqualification should only be based on specific factual findings following an evidentiary hearing and the burden is on the movant to establish the need for disqualification.
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