Welcome

Lawyer Pair Can Represent Each Other at Depositions

March 1, 2017, 8:22 PM

Two lawyers who are potential witnesses in a malpractice case can represent each other at their respective depositions, a federal magistrate judge in Nevada held Feb. 23 (McKenna v. Chesnoff, 2017 BL 56818, D. Nev., No. 2:14-cv-01773-JAD-CWH, 2/23/17).

There’s no basis for a protective order to keep them from hearing each other’s deposition testimony, and the ethics rule on lawyer-witnesses doesn’t mandate their disqualification, Magistrate Judge C.W. Hoffman Jr. said.

The opinion highlights a client’s interest in having counsel of choice—even if the client herself is an attorney.

The plaintiff is suing David Chesnoff, Richard Schonfeld and their ...

To read the full article log in.

Learn more about a Bloomberg Law subscription.