Facts A and B were involved in negotiations regarding the contents of a proposed contract between the two parties. A, a corporate entity, was represented in these negotiations by its attorneys who had represented it for many years in other matters.
B alleges that the parties ultimately entered into a valid and enforceable contract.
A is seeking a determination that there is no contract between the two parties. B claims that if this matter goes to trial, A's attorney will be called as a witness because he was privy to the negotiations and, therefore, he and his law firm should recuse themselves from the case. The attorney's testimony, if any, will be mostly cumulative of other witnesses. Further, it appears that any facts which the attorney might be required to testify about will not be strongly disputed. The primary controversy relates to the legal effect of the discussions and actions of the parties.