Central Laborers' Pension Fund v. McAfee, Inc.

An order from a district court granting a motion to disqualify an attorney is not appealable under N.D.C.C. § 28-27-02(3) or the collateral order doctrine. Supervisory jurisdiction may be exercised to review an order granting a motion to disqualify an attorney because a civil litigant has a protected interest in counsel of the litigant's choice, and an appeal from a final judgment is not an adequate remedy for erroneous disqualification. When a district court finds a lawyer-client relationship between an attorney and a company based on objective manifestations, including providing legal advice to the company's officers and employees, the district court does not abuse its discretion in disqualifying the attorney under N.D.R. Prof. Conduct 1.7(a)(1) if the attorney represents clients on both sides of the litigation. A district court commits legal error by concluding an attorney has a lawyer-client relationship with a company solely because the attorney signed and prosecuted derivative claims brought by a shareholder on behalf of the company. An error is harmless if it does not affect the outcome of the case or a party's substantial rights.