Quimbee logo
DMCA.com Protection Status
From our private database of 16,200+ case briefs...

Kirk v. First American Title Insurance Co.

Second District of the California Court of Appeal
183 Cal.App.4th 776 (2010)


Facts

Four class actions were brought against First American Title Insurance Company. The Bernheim Law Firm (plaintiff) and the Kirk Law Firm (plaintiff) represented the plaintiffs. Bryan Cave, LLP represented First American. In 2007, Berheim and Kirk spoke with Gary Cohen, soliciting his consulting services in the lawsuits. During the discussion, Bernheim and Kirk disclosed confidential information regarding the lawsuits to Cohen. Cohen declined the consultant position. In 2008, Cohen joined the law firm of Sonnenschein Nath & Rosenthel, LLP. Thereafter, Bernheim and Kirk contacted Cohen to again request his consulting services. Cohen turned down the job, stating that he could not assist because Sonnenschein represented First American. The following month, First American replaced Bryan Cave, with Sonnenschein as counsel. Sonnenschein established an ethical screen around Cohen, issuing a firm-wide memorandum prohibiting Cohen from working on the class actions, accessing related documents, and receiving fees from any work related to the actions, and prohibiting other attorneys from discussing the cases with Cohen. Bernheim and Kirk moved to disqualify Sonnenschein. The trial court granted the motion, finding that Bernheim and Kirk disclosed confidential information to Cohen when they solicited his consulting services, and concluding that, because Cohen possessed such disqualifying confidential information, vicarious disqualification of Sonnenschein is automatic, regardless of the ethical screening wall. First American and Sonnenschein appealed.

Rule of Law

Issue

Holding and Reasoning (Croskey, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 355,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,200 briefs, keyed to 222 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.