Beth Samsol, a paralegal, had been employed for two years at a law firm, Denim & Denim,
Question:
Beth Samsol, a paralegal, had been employed for two years at a law firm, Denim & Denim, that handles medical malpractice and personal injury law. She quit and went to work at a rival law firm, Johnson Associates, for two months. During this time, Denim & Denim began representing Donny Smyth in a medical malpractice suit. While at Johnson Associates, Beth worked on the defense side of the Smyth claim. John Denim, a lawyer and managing partner at Denim & Denim, rehired Beth after her two-month stint at the rival firm. After Beth was rehired, Johnson Associates filed a motion to disqualify the Denim firm from representing Smyth. They claim Beth Samsol has knowledge of their defense preparations that will harm their case.
What steps may the Denim law firm take to avoid disqualification?
A. Denim should place Beth Samsol on leave of absence until the Smyth case is concluded.
B. Denim should file a motion to disqualify the Johnson firm on the grounds that they placed a spy in the plaintiff's firm.
C. Johnson should obtain a written promise from Beth Samsol that she won't disclose defense secrets, and then withdraw the motion to disqualify.
D. Denim should ensure that Beth Samsol doesn't work on the Smyth case or discuss it with anyone at their law firm.
South-Western Federal Taxation 2020 Comprehensive
ISBN: 9780357109144
43rd Edition
Authors: David M. Maloney, William A. Raabe, James C. Young, Annette Nellen, William H. Hoffman