Attorney representation

In Falk v. Chittenden, 11 N.Y.3d 73, 862 N.Y.S.2d 839 (2008), the NYS Court of Appeals held that disqualification of an attorney representing a police officer in a disciplinary action was warranted when the officer's attorney previously represented the police supervisor bringing charges against the officer. Sounds reasonable enough except there is more to the story; the attorney was previously consulted by the supervisor regarding accusations the police officer made to municipal officials about him. The police supervisor met with the attorney and provided confidential paperwork to the attorney regarding the dispute with the officer. When the supervisor eventually filed charges against the officer the attorney he previously met with was at the disciplinary hearing representing the officer. The Court of Appeals, in referring to the Disciplinary Rules, pointed out that the prior relationship on substantially related matters and the "materially adverse" interests of the two clients created a conflict.