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Michael Downey
The author is with Armstrong Teasdale, LLP, St. Louis, and teaches legal ethics at Washington University School of Law. Please send feedback or questions for future columns to mdowney@armstrongteasdale.com.
Dropping into a waiting chair, Paradox wasted no time. “Ethox, I’m in trouble. I need your help.”
“What’s wrong?” Ethox replied, looking up from a stack of research.
“I was helping Senior Litigator on the Jay-Kaye Partnership dissolution litigation. Our client Jay is seeking a preliminary injunction against his former partner Kaye. I drafted all the pleadings and was looking forward to some exciting work on the case. But now Kaye has filed a motion to disqualify me and the firm. Kaye claims that I am a material witness and that under ABA Model Rule 3.7, the entire firm and I should be disqualified from the case. Is this right?”