CLINARD v. BLACKWOOD


46 S.W.3d 177 (2001)

John M. CLINARD, et al. v. C. Roger BLACKWOOD, et al.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied June 21, 2001.


Attorney(s) appearing for the Case

Ames Davis, Mark W. Peters, Paula D. Walker, and Thomas Mink, Nashville, TN, for the appellant, American Limestone, Inc.

Ames Davis, Mark W. Peters, and Paula D. Walker, Nashville, TN, for the appellants, Edward Clinard and John M. Clinard.

James Clarence Evans and Winston S. Evans, Nashville, TN, for the appellees, C. Roger Blackwood and Nancy Dods Blackwood.

Thomas Mink, Nashville, TN, for the defendant, Austin Powder Co., Inc.

Allen F. Ramsaur, Gail Vaughn Ashworth, and Kathryn Reed Edge, Nashville, TN, and Brian S. Faughnan and Lucian T. Pera, Memphis, TN, for the amicus curiae, Tennessee Bar Association.


OPINION

HOLDER, J., delivered the opinion of the court, in which ANDERSON, C.J., and BIRCH, joined.

We granted this appeal to determine whether attorney screening procedures may be used to prevent a law firm's disqualification under Tenn.Sup.Ct.R. 8, Canon 5, DR 5-105(D), the vicarious disqualification rule. We hold that when an attorney has a conflict of interest arising from a former representation that would...

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