firestone tire rubber risjord argued november decided january respondent lead counsel plaintiffs four consolidated suits federal district petitioner manufacturers petitioner moved disqualify respondent representation plaintiffs alleged conflict interest arising fact petitioner liability insurer also occasional client respondent law firm petitioner argued respondent representation insurer give incentive structure plaintiffs claims relief enable insurer avoid liability thus increasing petitioner potential liability accordance district order respondent obtained consent plaintiffs insurer continuing representation allowed continue representation plaintiffs petitioner filed notice appeal pursuant vests courts appeals jurisdiction appeals final decisions district courts except direct review may appeals held district orders denying disqualification motions immediately appealable overruling prior cases made decision prospective merits affirmed district order permitting respondent continue representing plaintiffs held orders denying motions disqualify opposing party counsel civil case appealable final decisions order fall within collateral order exception cohen beneficial industrial loan requirement appeals must await final judgment merits underlying litigation petitioner made showing required cohen doctrine immediately appealable collateral orders order denying disqualification effectively unreviewable appeal final judgment merits propriety district denial disqualification motion often difficult assess impact underlying litigation may evaluated normally final judgment appeals conclude trial ended permitting continuing representation prejudicial error retain usual authority vacate judgment appealed order new trial pp appeals properly concluding district order immediately appealable erred reaching merits district order finality requirement jurisdictional nature appellate finds order party seeks appeal fall within statute inquiry lacks discretion consider merits case without jurisdiction thus jurisdictional ruling may never made prospective pp marshall delivered opinion brennan stewart white blackmun powell stevens joined rehnquist filed opinion concurring result burger joined post harvey grossman argued cause petitioner briefs william freivogel john gibson argued cause respondent briefs martin purcell morris nunn solicitor general mccree deputy solicitor general frey edwin kneedler filed brief amicus curiae justice marshall delivered opinion case presents question whether party may take appeal pursuant district order denying motion disqualify counsel opposing party civil case appeals eighth circuit held orders appealable made decision prospective therefore reached merits challenged order hold orders denying motions disqualify counsel appealable final decisions therefore vacate judgment appeals remand instructions appeal dismissed lack jurisdiction respondent lead counsel plaintiffs four suits seeking damages petitioner manufacturers multipiece truck tire rims injuries caused alleged defects products complaints charge petitioner defendants various negligent willful intentional failures correct warn supposed defects rims plaintiffs seek compensatory exemplary damages app petitioner relevant times insured home insurance home contract providing home responsible types liability beyond minimum deductible amount home also occasional client respondent law firm based facts petitioner may filed motion disqualify respondent representation plaintiffs petitioner argued respondent clear conflict interest representation home give incentive structure plaintiffs claims relief way enable insurer avoid liability turn petitioner argued increase potential liability home fact advised petitioner course litigation policy cover neither award compensatory damages willful intentional acts award exemplary punitive damages district entered pretrial order requiring respondent terminate representation plaintiffs unless plaintiffs home consented continuing representation accordance district order respondent filed affidavit stated informed plaintiffs home potential conflict neither objection continuing representation filed supporting affidavits executed plaintiffs representative home satisfied requirements pretrial order respondent able continue representation plaintiffs petitioner objected district decision permit respondent continue representation met stated conditions therefore filed notice appeal pursuant although hear oral argument appeal eighth circuit decided case en banc affirmed trial order permitting petitioner continue representing plaintiffs rim products liability considering merits appeal reconsidered overruled prior decisions holding orders denying disqualification motions immediately appealable appeals reasoned orders fall within doctrine cohen beneficial industrial loan allows appeals prior final judgment overruling prior cases stated reach merits challenged order fairness appellant instant case held future appellate review orders await final judgment merits main proceeding granted certiorari resolve conflict among circuits appealability question ii courts appeals vested jurisdiction appeals final decisions district courts except direct review may consistently interpreted language indicating party may take appeal section decision district ends litigation merits leaves nothing execute judgment coopers lybrand livesay quoting catlin rule party must ordinarily raise claims error single appeal following final judgment merits serves number important purposes emphasizes deference appellate courts owe trial judge individual initially called upon decide many questions law fact occur course trial permitting piecemeal appeals undermine independence district judge well special role individual plays judicial system addition rule accordance sensible policy avoid ing obstruction claims come permitting harassment cost succession separate appeals various rulings litigation may give rise initiation entry judgment cobbledick see dibella rule also serves important purpose promoting efficient judicial administration eisen carlisle jacquelin decisions recognized however narrow exception requirement appeals await final judgment merits cohen beneficial industrial loan supra held small class orders end main litigation nevertheless final appealable pursuant cohen shareholder derivative action federal district refused apply state statute requiring plaintiff suit post security costs defendant appealed ruling without awaiting final judgment merits appeals ordered trial require costs posted held appeals properly assumed jurisdiction appeal pursuant district order constituted final determination claim separable collateral merits main proceeding important denied review independent cause require appellate consideration deferred whole case adjudicated cohen establish new law rather continued tradition giving practical rather technical construction ibid see river rouge improvement bronson lacrosse milwaukee black forgay conrad whiting bank pet recently defined limited class final collateral orders terms order must conclusively determine disputed question resolve important issue completely separate merits action effectively unreviewable appeal final judgment coopers lybrand livesay supra omitted see abney litigation instant petition arises reached final judgment time notice appeal filed order denying petitioner motion disqualify respondent appealable falls within cohen doctrine appeals held circuits also reached conclusion denials disqualification motions immediately appealable collateral orders agree courts cohen order subject appeal prior resolution merits order denying disqualification motion meets first part collateral order test conclusively determine disputed question issue whether challenged counsel permitted continue representation addition assume although decide disqualification question resolve important issue completely separate merits action second part test nevertheless petitioner unable demonstrate order denying disqualification effectively unreviewable appeal final judgment within meaning cases attempting show challenged order effectively unreviewable final appeal petitioner alleges denying immediate review cause irreparable harm true finality requirement construed cause crucial collateral claims lost potentially irreparable injuries suffered mathews eldridge support assertion irreparably harmed petitioner hints possibility course proceedings may indelibly stamped shaped fruits breach confidence acts omissions prompted divided loyalty brief petitioner effect tainted proceeding frustrating public policy petitioner fails supply single concrete example indelible stamp taint warns ground petitioner urged district respondent might shape plaintiffs claims relief way increase burden petitioner cases however require much ruling may considered effectively unreviewable absent immediate appeal appealable final collateral order challenged order must constitute complete formal trial final rejection abney supra claimed right denial immediate review render impossible review whatsoever ryan thus permitted appeals prior criminal trials defendant claimed subjected forbidden double jeopardy abney supra violation constitutional right bail stack boyle situations like posting security costs involved cohen involved asserted right legal practical value destroyed vindicated trial macdonald way contrast generally denied review pretrial discovery orders see ryan supra cobbledick supra rationale rare case appeal final judgment cure erroneous discovery order party may defy order permit contempt citation entered challenge order direct appeal contempt ruling see cobbledick supra also rejected immediate appealability claims may fairly assessed trial macdonald supra involving considerations enmeshed factual legal issues comprising plaintiff cause action coopers lybrand livesay quoting mercantile national bank langdeau order refusing disqualify counsel plainly falls within large class orders indeed reviewable appeal final judgment within much smaller class propriety district denial disqualification motion often difficult assess impact underlying litigation may evaluated normally final judgment decision whether disqualify attorney ordinarily turns peculiar factual situation case hand order embodying decision rarely ever represent final rejection claim fundamental right effectively reviewed following judgment merits case us petitioner made showing opportunity meaningful review perish unless immediate appeal permitted contrary appeals conclude trial ended permitting continuing representation prejudicial error retain usual authority vacate judgment appealed order new trial remedy seems plainly adequate petitioner concerns possible injury ultimately prove well founded second circuit recently observed potential harm might caused requiring party await final judgment may appeal even denial disqualification motion erroneous diffe significant way harm resulting interlocutory orders may erroneous orders requiring discovery objection orders denying motions recusal trial judge armstrong mcalpin cert pending interlocutory orders appealable mere ground may erroneous permitting wholesale appeals ground constitute unjustified waste scarce judicial resources also transform limited exception carved cohen license broad disregard finality rule imposed congress decline iii hold district order denying motion disqualify counsel appealable prior final judgment underlying litigation insofar eighth circuit reached conclusion decision correct decision contrary precedent circuit went reached merits order appealed approach however overlooks fact finality requirement embodied jurisdiction nature appellate finds order party seeks appeal fall within statute inquiry lacks discretion consider merits case without jurisdiction thus definition jurisdictional ruling may never made prospective therefore hold appeals without jurisdiction hear appeal without authority decide merits consequently judgment eighth circuit vacated case remanded instructions dismiss appeal want jurisdiction see dibella ordered footnotes pursuant judicial panel multidistrict litigation ordered suits multipiece truck tire rim manufacturers consolidated trial district western district missouri app firm included home list clients law directory occasionally represented insurer matters unrelated multipiece rim litigation time petitioner filed disqualification motion respondent defending home five carriers suit certain fire insurance policies home pay respondent firm retainer april home sent letters containing similar advice defendants consolidated suits plaintiffs actions represented respondent alternative district stated respondent terminate representation home unrelated matter see supra trial based determination potential conflict existed interpretation disciplinary rule code professional responsibility adopted verbatim local rule rule prohibits lawyer continu ing multiple employment exercise independent professional judgment behalf client likely adversely affected representation another client except obvious adequately represent interest consents representation district agreed petitioner likely dual representation adversely affect respondent exercise independent judgment app quoting international business machines levin therefore ordered either comply consent requirement terminate representation app district certified pretrial order disqualification interlocutory appeal pursuant provides relevant part district judge making civil action order otherwise appealable section shall opinion order involves controlling question law substantial ground difference opinion immediate appeal order may materially advance ultimate termination litigation shall state writing order appeals may thereupon discretion permit appeal taken order appeals also stated orders granting motions disqualify counsel appealable question presented instant petition express opinion neither express view whether order denying disqualification motion criminal case appealable pendency appeal eighth circuit petitioner filed action home charging consenting respondent continuing representation plaintiffs multipiece rim suits insurer breached fiduciary duty petitioner app time oral argument counsel petitioner represented resolution reached litigation tr oral arg addition eighth circuit decision currently us five circuits follow rule denials disqualification motions appealable see continental investment armstrong mcalpin cert pending overruling silver chrysler plymouth chrysler motors melamed itt continental baking melamed ii overruling melamed itt continental baking melamed community broadcasting boston fcc app cord smith five circuits permit appeals see westinghouse electric mackethan peat marwick mitchell kroungold triester fullmer harper uniweld products union carbide cert denied counsel respondent represented oral argument case time discovery stage tr oral arg see supra although may situations party irreparably damaged forced wait final resolution underlying litigation securing review order denying motion disqualify opposing counsel necessary order resolve situations create general rule permitting appeal orders proper circumstances moving party may seek sanctions short disqualification protective order limiting counsel ability disclose act purportedly confidential information additional facts support motion develop course litigation moving party might ask trial reconsider decision ultimately dissatisfied result district absolutely determined harmed irreparably party may seek question certified interlocutory appellate review pursuant see supra exceptional circumstances designed writ mandamus appeals might available see continental investment community broadcasting boston fcc app see generally comment appealability orders denying motions disqualification counsel federal courts chi rev need concerned availability extraordinary procedures case us petitioner made colorable claim harm might suffer forced await final outcome litigation appealing denial disqualification motion greater harm suffered litigant forced wait termination trial challenging interlocutory orders considers erroneous brief amicus curiae challenged petitioner standing attack order permitting respondent continue representation plaintiffs light conclusion eighth circuit without jurisdiction hear petitioner appeal occasion address standing issue two courts appeals overruled precedent held orders denying disqualification motions immediately appealable similarly made decisions prospective therefore reached merits disputes see armstrong mcalpin citing need provide guidance district courts avoid waste judicial resources melamed ii earlier ruling melamed established appealability law case extent rationales cases allow agree decide merits case without jurisdiction respectfully disagree justice rehnquist chief justice joins concurring result agree result case analysis far concerns question whether order denying disqualification counsel effectively unreviewable appeal final judgment answer question dispositive appealability issue since completely unnecessary however state ante order denying disqualification motion meets first part collateral order test conclusively determine disputed question issue whether challenged counsel permitted continue representation clear courts considering question order denying motion disqualification counsel conclusively determines disputed question district remains free reconsider decision time see armstrong mcalpin en banc cert pending van graafeiland concurring part dissenting part fleischer phillips cert denied recognizes possibility ante abstractly inconsistent conclusion first prong cohen test satisfied case possibility reconsideration trial judge dismissed merely theoretical petitioner claim respondent advance theories liability absolve insurer advance theories strenuously others although impossible discern true trial issues may become clearer trial progresses respondent actually present theories macdonald assumed motion made later point proceedings prejudice better gauged denied seem totally unnecessary probably incorrect statements minor point opinion concur result