Cinema

5, LIMITED V. CINERAMA, INC. 528 F.2d 1384 (2nd Cir, 1976)

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Nature of the Case

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Facts

Counsel has been disqualified from further representation of P because a partner in this New York City law firm is also a partner in a Buffalo firm which is representing D, Cinerama, Inc. in other litigation of a somewhat similar nature. Fleischmann is a partner in both the New York firm and the Buffalo firm. In 1972, the Buffalo firm was retained to represent D in two different lawsuits. This instant action alleges a conspiracy among the Ds to acquire control of P's corporation through stock acquisitions. The trial judge found that there was a sufficient enough relationship between the two firms and the two controversies to inhibit future communications between D and its attorneys and that disqualification was required to avoid even the appearance of professional impropriety.