Dental Health Assoc. South Jersey, P.A. v. RRIS Gibbsboro, LLC

The New Jersey Appellate Division reversed the trial court’s order that disqualified a law firm from representing the plaintiffs. The firm recently hired a lawyer who had previously represented the defendants in matters in New York. But that newly-hired attorney was not working on the instant matter. The newly-hired attorney worked in a different office than the attorney handling the instant matter, and the two attorneys had never met, let alone spoken about the case. The Appellate Division found that Rule of Professional Conduct 1.9 was dispositive. Under that rule, a court must conduct a two-part test to analyze whether the instant matter is substantially related to prior representation by a firm’s attorney. The Court remanded the case because it found that the lower court did not conduct a fact-sensitive analysis.

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