Burke v. Lexington Park General Partnership

Alexandria County Circuit Court

Burke v. Lexington Park General Partnership

19 Va. Cir. 32, 1989 Va. Cir. LEXIS 384

CourtAlexandria County Circuit Court

DecidedSeptember 18, 1989

DocketCase No. (Chancery) 19005

StatusPublished

This text of 19 Va. Cir. 32 (Burke v. Lexington Park General Partnership) is published on Counsel Stack Legal Research, covering Alexandria County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burke v. Lexington Park General Partnership, 19 Va. Cir. 32, 1989 Va. Cir. LEXIS 384 (Va. Super. Ct. 1989).

Pincite

Opinion

By JUDGE ALFRED D. SWERSKY

This matter is before the Court on plaintiff’s Motion to Disqualify the law firm representing the defendants in this matter. The Court took under advisement this ruling pending the taking of discovery depositions of the two attorneys from the defendants’ law firm who were alleged by the plaintiff to be adverse witnesses. The Court has reviewed the depositions of both attorneys and finds that the motion must be denied.

The fact that the defendants’ law firm represented various corporate and other entities during some of the transactions which are the subject of this litigation is not in and of itself grounds to disqualify the law firm. In addition, the depositions reveal an inadequate factual basis for a determination that the testimony of the two attorneys would be of such an adverse nature to their clients to disqualify them from representation in this matter. Further, the Court finds that in view of the longstanding relationship between the law firm and the defendants and the resultant delay and costs to the defendants, the removal of their counsel is not warranted.

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By JUDGE ALFRED D. SWERSKY

This matter is before the Court on plaintiff’s Motion to Disqualify the law firm representing the defendants in this matter. The Court took under advisement this ruling pending the taking of discovery depositions of the two attorneys from the defendants’ law firm who were alleged by the plaintiff to be adverse witnesses. The Court has reviewed the depositions of both attorneys and finds that the motion must be denied.

The fact that the defendants’ law firm represented various corporate and other entities during some of the transactions which are the subject of this litigation is not in and of itself grounds to disqualify the law firm. In addition, the depositions reveal an inadequate factual basis for a determination that the testimony of the two attorneys would be of such an adverse nature to their clients to disqualify them from representation in this matter. Further, the Court finds that in view of the longstanding relationship between the law firm and the defendants and the resultant delay and costs to the defendants, the removal of their counsel is not warranted.

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Bluebook (online)

19 Va. Cir. 32, 1989 Va. Cir. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-lexington-park-general-partnership-vaccalexandria-1989.