Defense Counsel Not Disqualified Because His Testimony Not “Essential”

September 3, 2014

In this memorandum opinion, the Court directed the trial court to vacate its order disqualifying defense counsel.  Although the plaintiff argued that the counsel for defendant should be disqualified because he was a potential witness, the Court of Appeals found no evidence establishing what was “essential” about his testimony or how the plaintiff would be prejudice if he were not permitted to testify.

In re VSDH Vaquero Venture, Ltd.