Ullmann-Schneider v. Lacher & Lovell-Taylor PC

Summary

The Appellate Division, First Department affirmed the denial of defendants’ motion to disqualify plaintiffs’ attorneys. The court held that defendants failed to meet the heavy burden of showing that counsel’s testimony was necessary and prejudicial, noting that other evidence could establish the basis for the fees charged in estate accounting proceedings.

Holdings

1. Defendants failed to meet the heavy burden required to disqualify plaintiffs' attorneys because the anticipated attorney testimony was not shown to be necessary and prejudicial to plaintiffs' interests.

Questions Presented

1. Whether defendants met the required burden to disqualify plaintiffs' attorneys based on the possibility that counsel might be called as a witness.
2. Whether testimony from plaintiffs' counsel or other attorneys at the firm was necessary and prejudicial to plaintiffs' interests.

Disposition

affirmed