Judge crafts boundaries for disqualified lawyer

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 13, 2021 11:01 AM

It looks like Stephen Weisbrod, lead counsel for ASI Inc., will be testifying for his client when ASI’s lawsuit against AquaWood LLC and several affiliated companies goes to trial in Minnesota. Applying the state’s lawyer-as-witness rule, which is identical to Illinois Rule of Professional Conduct 3.7, U.S. Magistrate Judge Hildy Bowbeer rejected a request to completely bar Weisbrod from participating in the litigation. Balancing ASI’s right to counsel with “the considerations underlying Rule 3.7,” she carefully delineated …

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