Chevron Corporation v. Donziger

Background

The court was considering Mr. Frisch’s motion to vacate an earlier order requiring him to appear as Mr. Donziger’s lawyer at trial. Mr. Frisch had previously served as Mr. Donziger’s lead lawyer but had been allowed to withdraw on the condition that his withdrawal would not affect the trial date. He later stated that fundamental disagreements had damaged their relationship and ability to communicate beyond repair.

The court described several earlier events involving trial preparation. It had denied Mr. Donziger’s request to continue the trial and declined to reconsider that decision. At a hearing about potential conflicts of interest, Mr. Donziger declined to waive potential conflicts involving lawyers Richard Friedman and Zoe Littlepage. The court then disqualified those two lawyers. Mr. Donziger was left with Martin Garbus, who refused to attend trial in person, and Lauren Regan, whom the opinion describes as reportedly unprepared to serve as lead counsel.

The earlier order therefore provided that Mr. Frisch would represent Mr. Donziger if the remaining lawyers declined to appear, could not serve as lead counsel, or if their arrangements were unacceptable to Mr. Donziger. Mr. Frisch argued that he could not represent Mr. Donziger at the scheduled trial or at a later date.

Court’s reasoning

The court treated the motion as a request to withdraw as counsel. It explained that allowing a lawyer to withdraw is within the trial court’s discretion and that an irreconcilable conflict between a lawyer and client can justify withdrawal. The court also had to consider the posture of the case and whether withdrawal would disrupt the proceedings.

The court found that withdrawal would cause major disruption. None of Mr. Donziger’s other lawyers was willing to lead the defense at the scheduled trial, and a government witness had already arrived in New York to quarantine for two weeks. Nevertheless, the court concluded that allowing Mr. Frisch to withdraw was appropriate so Mr. Donziger could have a trial lawyer with whom he was not completely at odds.

Mr. Donziger identified Ronald L. Kuby as a possible lead lawyer. Mr. Kuby stated that he could try the case beginning December 7, 2020. The court refused to postpone the trial for the three months requested and instead selected November 3, 2020, which it said was 70 days from the date of Mr. Kuby’s declaration.

Disposition

The court granted Mr. Frisch’s motion to vacate and adjourned the trial to November 3, 2020, at 10:00 a.m. The order also directed counsel to confer about whether to submit trial memoranda or proposed findings of fact and conclusions of law. This was a procedural order about attorney withdrawal and trial scheduling, not a ruling on the criminal charges.