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California Legal Ethics Keyed to Wydick, 12th Ed.
Cho v. Superior Court
Citation:
39 Cal. App. 4th 113, 45 Cal. Rptr. 2d 863 (1995)Facts
The case arose from an underlying action entitled Cho v. Cho Hung Bank. Judge Younger presided over three settlement conferences in this action, during which he received confidential information from the plaintiff, including her “bottom line” settlement position and candid assessments of the strengths and weaknesses of her case. After Judge Younger retired in December 1994, Graham & James became counsel for Cho Hung Bank in February 1995. Upon discovering Judge Younger’s prior involvement, the firm implemented screening procedures before he formally joined the firm on March 1, 1995. These procedures included prohibiting Judge Younger from discussing the case, denying him access to case files, and ensuring he would not participate in the case in any way. Plaintiff moved to disqualify Graham & James upon learning of Judge Younger’s association with the firm. The trial court denied the motion, finding that appropriate screening procedures had been implemented and that there was no likelihood that information received by Judge Younger would cause detriment to the plaintiff.
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