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eBook details

• Title: Appeal Infotechnology Inc. Shareholder
• Author : Supreme Court of Delaware
• Release Date : January 31, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

This interlocutory appeal by the law firm of Skadden, Arps, Slate, Meagher & Flom challenges an order of the Court of
Chancery disqualifying that firm from representing the plaintiff, Avacus Partners, L.P. (Avacus), in this case because the
defendants, directors of Infotechnology, Inc. (Infotech), had retained an investment banker, Prudential-Bache Securities,
Inc. (Prudential-Bache), whom Skadden had previously represented in wholly unrelated matters. Prudential-Bache is not a party
here. Relying solely upon the Delaware Rules of Professional Conduct (the Rules), the trial court held that opposing counsel,
and not their clients, had an independent right to challenge Skadden's representation of Avacus. Finding a technical violation
of the Rules, but no threat to the fairness of the proceedings, the Court of Chancery ordered Skadden's disqualification. While we recognize and confirm a trial court's power to ensure the orderly and fair administration of Justice in matters
before it, including the conduct of counsel, the Rules may not be applied in extra-disciplinary proceedings solely to vindicate
the legal profession's concerns in such affairs. Unless the challenged conduct prejudices the fairness of the proceedings,
such that it adversely affects the fair and efficient administration of Justice, only this Court has the power and responsibility
to govern the Bar, and in pursuance of that authority to enforce the Rules for disciplinary purposes.

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