Lawyer Disqualified In Divorce Litigation

An attorney was properly disqualified from representing his sister-in-law in divorce litigation, according to a recent decision of the New York Appellate Division for the Second Judicial Department.

The plaintiff commenced this action for divorce and ancillary relief against the defendant. The plaintiff was represented by Eric A. Schwartz, who is the parties’ brother-in-law and is married to the plaintiff’s sister. During the pendency of the action, the defendant moved, inter alia, to disqualify Schwartz from representing the plaintiff, alleging that prior to the commencement of the action he had discussed confidential information about his finances and other personal matters with Schwartz. The defendant further alleged that these discussions took place after Schwartz assured him that he could not represent either party in any future litigation because of his personal relationship with both of them. The Supreme Court granted that branch of the defendant’s motion which was to disqualify Schwartz.

The court

…contrary to the plaintiff’s contention, the evidence submitted on the motion demonstrated that the discussions between Schwartz and the defendant included matters related to the divorce, and took place prior to the defendant becoming aware that Schwartz would be representing the plaintiff in the case. The evidence further supported the reasonable probability that confidential information was shared by the defendant with Schwartz, based on his belief that Schwartz could not represent either party. Accordingly, based on the appearance of impropriety, disqualification was warranted.

(Mike Frisch)