Defendants seek the disqualification of plaintiffs' attorney(s) based upon no more than the counterclaim of malicious prosecution that was asserted against him/them. However, "the advocate-witness disqualification rules contained in the Code of Professional Responsibility provide guidance, not binding authority, for courts in determining whether a party's law firm, at its adversary's instance, should be disqualified during litigation". (S & S Hotel Ventures Ltd. Partnership...
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