Jamie Pacheco v. Libby, O'Brien, Kingsley and Champion, LLC

Summary

The court affirmed an order disqualifying Jamie Pacheco’s attorney, Jeffrey Bennett, because he was likely to be a necessary witness concerning the handling and disclosure of Pacheco’s psychotherapy records. The court held that the moving party established both an affirmative violation of the advocate-witness rule and actual prejudice, particularly because Bennett’s testimony would be central, potentially inconsistent and emotionally charged, and a jury could confuse his advocacy with his testimony.