Kassis v. Teacher's Insurance and Annuity Ass'n
Court of Appeals of the State of New York
93 N.Y.2d 611 (1999)
Henry Kassis and North River Insurance Company (plaintiffs) were represented by the firm Weg and Myers, where associate Charles Arnold took depositions, attended mediation, and spoke regularly with the client on the matter. In 1997, Arnold moved to Thurm and Heller, the firm representing the opposing defendants. Thurm and Heller barred Arnold from the matter and imposed screening measures. Plaintiffs' counsel moved to disqualify Arnold's entire new firm. The trial court refused, finding Arnold's involvement limited, and the appellate court found the screening adequate. Plaintiffs appealed.
Whether a disqualifying conflict arising from an attorney's substantial involvement representing an adverse party in the same or a substantially related matter against a former client may be imputed to and disqualify the attorney's entire new firm, regardless of screening measures.