Preparing for trial can be difficult for witnesses. The nature of the legal system is such that trials will usually take place years after the events in question occurred, and witnesses’ memories are not frozen in time. Witnesses may meet with counsel to prepare, but testimony is not a prepared speech.

A director has retained and worked closely with a lawyer on the corporation’s behalf in the past. Can that fact be used to disqualify the same lawyer from representing the corporation in legal proceedings against the now former director?