"These standard provisions virtually eliminate the possibility of a buyer's claiming that he has relied on prior representation concerning the size of the unit," Mr. Braverman said.
He also took issue with the suggestion that his prior representation of the industry in any way colored his policy recommendations.
Of greater concern is whether Ms. White's impartiality could be questioned because of her prior representation of a client.
Mr. Feinberg had been accused of a conflict of interst by one of the defendants, Owens Illinois, for his prior representation of a committee of asbestos makers.
Because the law firm did not produce sufficient evidence to rebut the presumption of shared confidences, the law firm was disqualified from representing a new client opposite the former client in litigation substantially related to the prior representation.
As indicated in Ahmanson, the substantial relationship test is analyzed in terms of three factors: factual similarity, legal similarity and nature and extent of the lawyers involvement in the prior representation.
614 (a conclusive presumption arises that lawyer possesses confidential information adverse to the former client when the latter establishes a substantial relationship between the two matters; the substantial relationship test is analyzed in terms of three factors: factual similarity, legal similarity, and nature and extent of the lawyers involvement in the prior representation).
Applying the then DR, the Ninth Circuit found that there was a substantial relationship between a law firms prior representation of a client with regard to the proposed public offering of securities and the law firms later retention by a bankruptcy trustee to sue the former client for breach of fiduciary duty.
In an action on behalf of minor children to appoint a receiver for an incarcerated parents property, a lawyers prior representation of the parent with regard to the drafting of a partnership agreement was not substantially related to the lawyers attempt through the receivership proceedings to preserve the partnership interest to assure a source for the parent to support his children.
In an action for child support brought by a wife against a husband, a lawyers prior representation of the husband with respect to certain business matters was not substantially related to the current action so as to disqualify the lawyer from representing the wife in the child support action.
