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Authors

Blake P. Loebs

Abstract

Courts presently are addressing the issues surrounding subsequent adverse representation and attempting to remedy some of the problems that now exist. The Tenth Circuit, in particular, is in a position to rid itself of the problems associated with the motion to disqualify based on the representation of interests adverse to former clients and the need for immediate action could not be greater. Motions to disqualify made solely for tactical reasons are increasing at an alarming rate. Unless steps are taken to stop the problem it will only get worse as firms grow in size and attorneys become more competitive. Fortunately, there are ways to alleviate the problem without discarding the entire concept of disqualification due to subsequent adverse representation.

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