Parallel Iron, LLC v. Adobe Systems Incorporated C.A. No. 12-874-RGA, March 4, 2013

Andrews, J.  Defendant’s motion to disqualify is granted

Defendant moved to disqualify plaintiff’s lead counsel asserting, inter alia, that, at the time litigation was initiated, plaintiff’s counsel was serving as defendant’s opinion counsel.  The motion was granted.  The six-year history between defendant and plaintiff’s counsel wherein three opinion letters were prepared was sufficient to instill in defendant a reasonable belief that it would not be sued absent some sort of prior notice terminating the attorney-client relationship.  Plaintiff’s counsel is disqualified.  An “ethical wall” between plaintiff’s counsel and co-counsel does not appear necessary.