The Fifth Circuit has devolved a two-pronged test to determine whether Canon 9 of the Code of Professional Responibility has been violated. After examining the case in which the test appears, the author concludes that it may become an effective means of halting attempts to disqualify opposing counsel through strategic manipulation of ethical rules.
Appearance of Impropriety as the Sole Ground for Disqualification,
31 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol31/iss5/8