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| Case Name | Kirk v. First American Title Insurance Co. | |
|---|---|---|
| Date | 04/07/2010 | |
| Note | We conclude that, under the circumstances of this case, automatic vicarious disqualification is not required, and that, instead, there is a rebuttable presumption that the attorney's knowledge of client confidences is imputed to the firm, which can be refuted by evidence that the law firm adequately screened the attorney from the others at the firm representing the adverse party. In addition, as the disqualified attorney has left the firm, the trial court's examination of the screen's adequacy should be on a retrospective, not prospective, basis. | |
| Citation | B218956 | |
| WCC Citation | WCC 37322010 CA |
PATRICK KIRK et al. , Plaintiffs and Respondents, v. FIRST AMERICAN TITLE INSURANCE COMPANY et al. , Defendants and Appellants. The Underlying Litigation The instant attorney disqualification dispute arose in the context of four related class actions brought against First American Title Insurance Company and related First American entities (collectively, First American). Together, the First American team has defended First American in 80 class actions across the country, and has also been retained to give legal advice to First American. The First American Team Moves to Sonnenschein On February 2, 2009, the First American team moved from Bryan Cave to Sonnenschein. First American also submitted the declaration of its senior vice-president and national litigation counsel, who testified to the key experience of the First American team and their irreplaceability.
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