Advocate-witness Rule applies where counsel was privy to information regarding the pertinent underlying transactions: motion to disqualify counsel granted


Facie Libre Associates I, LLC v. Littman Krooks, LLP, Index 651064/2013 (Sup. Ct. N.Y. Cty. June 29, 2016)

In a legal malpractice action, the Court granted the defendant’s motion to disqualify plaintiff’s attorneys because they would be called to testify as witnesses at trial.

Plaintiff commenced the action alleging malpractice in a transaction involving purchase of shares of Facebook, Inc. There was no dispute that plaintiff’s counsel “was privy to information regarding the pertinent underlying transaction(s) which gave rise to the instant legal malpractice action”. This meant that defendant would necessarily call plaintiff’s counsel as a witness to testify at trial.

Abrams Gorelick partner Barry Jacobs briefed and argued the motion to disqualify.