E.F. Hutton v. Brown
Citation: 305 F. Supp. 371 (S.D. Tex. 1969)
Facts
E.F. Hutton sought to disqualify opposing counsel who had previously represented Hutton and allegedly received confidential information during that representation that was now material to the litigation. Counsel argued the prior representation was unrelated.
Issue
When must an attorney be disqualified from representing a client in a matter adverse to a former client?
Holding
An attorney must be disqualified from representation adverse to a former client if: (1) there is a substantial relationship between the prior and current representation, and (2) confidential information obtained in the prior representation is material and adverse to the former client in the current matter.
Rule
Former-client conflicts — substantial relationship test: An attorney who has represented a client in a matter may not later represent an adverse party in a substantially related matter. “Substantial relationship” exists if the attorney likely had access to confidential information in the prior representation that is relevant to the current matter. Disqualification follows without requiring proof of actual disclosure.
Significance
- Articulated the “substantial relationship” test for former-client disqualification (now codified in Model Rules 1.9)
- The test is prophylactic — it protects confidences even without proof they were used
- Influential foundation for Model Rule 1.9 (Duties to Former Clients)