PHOENIX FOUNDERS, INC. v. MARSHALL

No. D-4612.

887 S.W.2d 831 (1994)

PHOENIX FOUNDERS, INC., Phoenix Mutual Life Insurance Company, and P/F-Campbell Crossing-Phase II, Limited, Relators v. The Honorable John McClellan MARSHALL, Judge, Respondent.

Supreme Court of Texas.

Rehearing Overruled December 22, 1994.


Attorney(s) appearing for the Case

Robert D. Ettinger, Austin, Charles Dunn, Lubbock, for relators.

Don C. Dennis, Lubbock, Ann Hartley, Dan Morales, Austin, for respondent.


SPECTOR, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and GONZALEZ, HIGHTOWER, HECHT, DOGGETT, CORNYN and GAMMAGE, Justices, join.

In this original proceeding, we consider whether a law firm must be disqualified from ongoing litigation because it rehired a legal assistant who had worked for opposing counsel for three weeks. We hold that disqualification is not required if the rehiring firm is able to establish that it has effectively...

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