Neumann v. Tuccio
Connecticut Superior Court
2009 WL 2506357 (2009)
Relevant factsFree
After Neumann (plaintiff) won a directed verdict in an earlier slander suit brought by Tuccio (defendant), Neumann sued Tuccio for vexatious litigation, and Tuccio raised an advice-of-counsel defense naming his attorney, John Williams, as the source of that advice in both the original and current case. Neumann moved to disqualify Williams from continuing to represent Tuccio, arguing Williams would be a necessary witness on the advice-of-counsel defense.
IssueFree
Whether an attorney who can reasonably foresee being called as a necessary witness on a material matter in a client's proceeding should withdraw from the representation, or be disqualified by the court if she fails to do so.
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