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D.J. INVEST. GROUP, L.L.C. v. DAE/WESTBROOK

No. 20050495.

147 P.3d 414 (2006)

2006 UT 62

D.J. INVESTMENT GROUP, L.L.C., a Utah limited liability company, Plaintiff and Respondent, v. DAE/WESTBROOK, L.L.C., a Delaware limited liability company; Draper City, a municipal corporation; John Does 1 through 15, Defendants and Petitioners.

Supreme Court of Utah.

October 20, 2006.

Attorney(s) appearing for the Case

Denver C. Snuffer, Jr., Sandy, for plaintiff.

Richard W. Casey, John H. Bogart, Evelyn J. Furse, Nicole A. Skolout, Salt Lake City, for defendants.

On Certiorari to the Utah Court of Appeals

DURRANT, Justice:

INTRODUCTION

¶ 1 Rule 3.7(a) of the Utah Rules of Professional Conduct generally prohibits a lawyer from "act[ing] as [an] advocate at a trial in which the lawyer is likely to be a necessary witness," but provides an exception where disqualification of the lawyer would "work substantial hardship on the client."1 In this interlocutory appeal, we granted...

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