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Decisions of Interest

BY ALM Staff
December 31, 2014

Attorney Has Too Much Access to Husband's Personal Information

A Brooklyn appellate panel has affirmed that a divorcing woman was properly prohibited from employing her brother-in-law as her attorney; due to social contacts, the attorney simply had too much access to the husband's personal information. Halberstam v. Halberstam, 2014 N.Y. App. Div. LEXIS 7615 (2d Dept. 11/112/14) (Dickerson, J.P., Leventhal, Sgroi and Lasalle, JJ.).

The wife filed for divorce and retained her sister's husband, Eric A. Schwartz, as her attorney. The husband sought disqualification of Schwartz, claiming he had told Schwartz confidential information about his finances and his personal matters prior to the divorce filing, and that Schwartz had assured him that he could not represent either party in a divorce because of their personal relationships. Brooklyn Supreme Court granted the husband's motion for Schwartz's disqualification, and this appeal followed. In affirming, the appellate panel wrote, “The evidence ' supported the reasonable probability that confidential information was shared by the defendant with Schwartz, based on his belief that Schwartz could not represent either party. Accordingly, based on the appearance of impropriety, disqualification was warranted.”

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