motion to disqualify counsel sample

Uniform Plea Petition. Among other reasons, lawyers have a duty to their clients to avoid conflicts of interest. although Comment 3 to that Rule provides some context: Matters are substantially related for purposes of this Rule if they involve the same transaction or legal dispute or if there otherwise is a substantial risk that confidential factual information as would normally have been obtained in the prior representation would materially advance the clients position in the subsequent matter. more analytics for Wilfred J Schneider, Jr. Motion to Disqualify Counsel - Filed by Joseph Feldman (Defendant), KATE GELLER VS STRONG ARM GROUP LLC ET AL, ~CIV Minute Order - Motion to Disqualify Counsel 01/26/2021 - Motion to Di, PACIFIC DIVERSIFIED INVESTMENTS, LLC, a California limited liability compa, ~CIV Minute Order - Motion to Disqualify Counsel 12/09/2019 - Motion to Di, ADRIANNE ADAMS vs WEST MARINE PRODUCTS, INC., A CALIFORNIA CORPORATION, ~CIV Minute Order - Motion to Disqualify Counsel 12/05/2017 - Motion to Di, BLANCA GUTIERREZ vs. CHRISTINA O'BRIEN, et al, Motion to Disqualify Counsel 02/01/2018 - Motion to Disqualify Counsel, REHABBERS FINANCIAL VS CHICAGO TITLE INSURANCE, ~CIV Minute Order - Motion to Disqualify Counsel 04/17/2019 - Motion to Di, WOODLAND PARK PROPERTY OWNER, LLC vs. GRACE M. CHEW, et al, ~CIV Minute Order - Motion to Disqualify Counsel 06/13/2018 - Motion to Di, ~CIV Minute Order - Motion to Disqualify Counsel 10/11/2017 - Motion to Di, 6/14/2016 Minute Order: Motion to Disqualify Counsel - Motion to Disqualif, PLASKETT VS DRESSER SERVICES, INC. A CALIFORNIA CORPORATION, Separate Statement in Motion for Summary Judgment / Adjudication, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. Woodard v. Dist. Even when a lawyer does not represent two conflicting clients, she still may be subject to disqualification. 1982), Minakan v Husted, 27 So. Co. v. Employers Ins. Similarly, another may never represent the bank so it can be free to represent many plaintiffs who sue that bank. 1 - 2: SUSTAINED. ORDER ON DEFENDANTS' MOTION TO DISQUALIFY COUNSEL Defendants' Motion to Disqualify the Law Firm of Bickel & Brewer and Its Attorneys, Appearing Pro Hac Vice, filed December 4, 2007, after having been fully briefed, is now properly before this Court. 0000004672 00000 n 0000001868 00000 n Co. of Wausau, No. Rptr. 0000021736 00000 n For example, many law firms exclusively represent large corporate defendants or individual employee plaintiffs so they are less likely to be prohibited from representing similar clients in the future. 16 and SHYH-CHYI WONG, an individual, and &XRP0 This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Except as provided in subdivision (b), a lawyer must not represent a client if: 0000001261 00000 n <<>> 0000006276 00000 n Judge Colleen K. Sterne Nos. 2d 994 (Fla. 4th DCA 2002) Beyond collaborating on documents, online storage is important to make sure important documents can be easily found in one place and are not vulnerable to destruction if a computer or disk is lost or destroyed. Under the present rule, if a party is willing to accept less effective counsel because of the attorneys testifying, neither his opponent nor the trial court should be able to deny this choice to the party without a convincing demonstration of detriment to the opponent or injury to the integrity of the judicial process. Reynolds v. Super. 0000008115 00000 n All rights reserved. 56 0 obj Perjury from a State Officer. Upon receiving a motion to disqualify, the attorney should promptly notify the client. A lawyer who has formerly represented a client in a matter must not afterwards represent another person in the same or a substantially related matter in which that persons interests are materially adverse to the interests of the former client unless the former client gives informed consent; A lawyer is prohibited from using information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these rules. Att'y Gen., 326 NE 2d 334 (Mass. i[54ViL =nn8+ap(k. [I]f the nature of the representation is such that confidences could have been exchanged between the lawyer and client, and it would be if it satisfies both prongs of this test, courts will conclusively presume they were exchanged, and disqualification will be required. City Nat. trailer 242 0 obj <>stream Admin. Appearance of Fairness: Individuals have the right to the judicial system's appearance of fairness Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction), 1 First, there must be a substantial relationship between the former representation and the current representation. 60 0 obj In re yarn Processing Patent Validity, 530 F.2d 83 (5th Cir. 22 I. Ins. endstream endobj 241 0 obj <>/Size 231/Type/XRef>>stream For instance, a judge may be disqualified from, Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; 2016, These rules apply to all actions of a civil nature and all special statutory, (1) the representation of 1 client will be directly adverse to another client; or. This is likely because they recognize the tremendous power imbalance between the two parties: insurance companies can write the policies and policyholders have very little say into the terms. Discovery for Foreign Cases. 0000001011 00000 n A motion to disqualify must be in writing and "specifically allege the facts and reasons" relied on to show the basis for disqualification. Rule 4-1.9(a) RRTFB | Conflict of Interest; Former Clients <<27B8ED659639B4449D47E3DE1DCEC2A7>]>> 2d 747 (Fla. 5th DCA 2001), Pantori v Stephenson, 384 So. Nat'l Bank v. Coker (1989) 765 S.W.2d 398, 399.) 0000007732 00000 n ECF . APG/Z=p L_uQ7EVr+MHIRh2)Qg^HWjBY:],h(8BToqSirY[DHWBo~djX$dXS&U.uJ%Tj )].fm_ujmbzY'f}hHm=r5[9Bm^wcrz7zW>~/N 51 0 obj (b) Former Clients of Newly Associated Lawyer. 0 Before the Court is Defendant's motion to (1) disqualify Plaintiff's counsel, Sandy Feltes, Esq. 1975) Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. 0000001974 00000 n Canon 3-C, Florida Code of Judicial Conduct, Allied Signal Recovery v Allied Signal, 934 So.2d 675 (Fla. 2d DCA 2006), Fleitman v McPherson, 691 So. STATEMENT OF FACTS A. In those circumstances, courts are generally protective of confidences or secrets that the law firm or attorney may possess or to which the firm or attorney has access as a consequence of either the prior or the existing representation. Such motions are sometimes followed by either a grievance or a legal malpractice claim. On December 28, 2011, the court appoin SUBJECT: Motion to Disqualify Counsel One way that lawyers can enforce this duty is by asking the court to disqualify another lawyer from representing her client. xref # We will email you Contact TBD for more free samples 0000005378 00000 n These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. In 2009, Epic settled its claims against Ali 5 Corporation. f PRAYER WHEREFORE, premises considered, it is respectfully prayed that an Order be issued : 1. 6 Substituted | Duval | 2019 | Attorney Filing | Tactical Advantage; Disciplinary Threats Levied Counsel"). 0000001323 00000 n 2d 1035 (Fla. 4th DCA 1994) A sample motion or notice of motion to disqualify or withdraw as counsel in federal civil litigation. <>stream 1982) The United States may also seem like an attractive place to domesticate a judgment because nearly every major bank in the world has an office or does business in the United States. trailer Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. In recent months, a number of high-profile disqualification motions have been reported.1 Many disqualification motions are well-founded. Standing generally requires that the plaintiff be able to allege injury, that is, an invasion of a legally protected interest. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356. 0000002841 00000 n 0000001541 00000 n Thus, there is no bright-line rule or test to determine whether an attorney should be disqualified because of her or his playbook knowledge. Rule 4-1.9(a) RRTFB | Conflict of Interest; Former Clients Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978) Solution: Partially Granted | Duval | 2013 | Attorney Filing | Whistleblower Case; Trayvon Martin Fallout; Advocate and Witness; - No Ruling | Duval | 2014 | Attorney Filing | Settlement stuff; Marital Stuff; Former Client; Material Witness. (2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyers responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. 5X Denied | Duval | 2018 | Attorney Filing | Police Officers Pension Fund; State Board; Switching Sides; (2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyers responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. 2d 1357 (Fla. 5th DCA 1980) [W]here an attorneys continued representation threatens an opposing litigant with cognizable injury or would undermine the integrity of the judicial process, the trial court may grant a motion for disqualification, regardless of whether a motion is brought by a present or former client of recused counsel. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1205. Four Authorities for Judicial Disqualification: Instead, Colo. RPC 1.9(a) provides that, [a] lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that persons interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. Courts also appear to distinguish between conflicts based on multiple representations and those based on successive representations. & Fin. 10 It should be used in conjunction with Standard Documents, Motion to Disqualify or Withdraw as Counsel (Federal): Memorandum of Law and Motion to Disqualify or Withdraw as Counsel (Federal): Proposed Order, as well as Practice Note, Disqualifying or Withdrawing as Counsel in Federal Court. 11. 2d 37 (Fla. 1st DCA 1997) If competent evidence does not establish such a conflict, the attorney is not disqualified for a conflict. Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-426. Why should you read this post about motions to disqualify counsel? !location.countrycode?location.countryName :location.officeName }}, {{ getActiveCase(headerData.languageLinks,'active',true).languageCode | uppercase}}, {{ getActiveCase(headerData.languageLinks,'active',true).name}}. HtSMO0W8.qi!(? Pantori v Stephenson, 384 So. Other lawyers remind the court that motions to disqualify are often used as procedural tools to interfere with a clients choice of her counsel and to drive up the costs of litigation on matters that are unrelated to the actual subject of the dispute. You want to win a lawsuit, but not on the merits, but instead for some procedural and strategic reasons. They usually also search their records for any sign of a possible conflict. Proc., 128(a)(5). " Conduct 3.08, comment 9. The rule in this respect is rigid, because it is designed not only to prevent the dishonest practitioner from fraudulent conduct but also to preclude the honest practitioner from putting himself in a position where he may be required to choose between conflicting duties, or be led to an attempt to reconcile conflicting interests, rather than to enforce to their full extent the rights of the interest which he should alone represent." at 1359. However, by understanding the underpinnings of this ethical issue, attorneys will be better prepared to anticipate, respond to, or even avoid motions to disqualify. Freeman v Chicago Musical, 689 F. 2d 715 (7th Cir. Petrey Wholesale, Inc. of Regents of State of Kan., 568 F.Supp. 9@5t| .T:M76xl|02K/e,f!BGrC^ Rq?q| >1d8[.6 38.10 FS; 2d 37 (Fla. 1st DCA 1997) For instance, a judge may be disqualified from hearing a particular case because of having previously represented one of the parties involved." Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 0000006238 00000 n see THI Holdings, LLC v Shattuck, 93 So. endstream endobj 49 0 obj <>/Metadata 46 0 R/AcroForm 50 0 R/Pages 45 0 R/StructTreeRoot 33 0 R/Type/Catalog>> endobj 50 0 obj <>/Encoding<>>>>> endobj 51 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageB]>>/Type/Page/LastModified(D:20100105123741-05'00')>> endobj 52 0 obj <> endobj 53 0 obj <> endobj 54 0 obj <> endobj 55 0 obj [1/space] endobj 56 0 obj <> endobj 57 0 obj <>stream Copyright 2021 by Will Newman, all rights reserved. many hours conferring with counsel, and had delivered to counsel memo-randa and personal files relating to various legal matters in which the corporation was involved (144 Cal. VI. 1982), Russakoff v Dept of Insur., 724 So. While lawyers rarely attempt to do that, there are numerous occasions where a lawyer represents one client and then considers representing another when there is or could be an adverse relationship between the two. 159 0 obj << /Linearized 1 /O 162 /H [ 1486 382 ] /L 145995 /E 69356 /N 9 /T 142696 >> endobj xref 159 33 0000000016 00000 n 2d (SD Fla. 2010) 0000000916 00000 n 0000021908 00000 n 0000008453 00000 n see State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss. 2d 496 (Fla. 4th DCA 2004), Trautman v General Motors, 426 So.2d 1183 (Fla. 5th DCA 1983), Livingston v. State, 441 So.2d 1083 (Fla. 1983), An attorney has appeared in your civil case on behalf of your civil opponent, That attorney's representation is improper and/or unauthorized, You ask the Court to remove/disqualify the attorney from your case. 0000001344 00000 n startxref the Court DENIES the government's motion to disqualify, and allows Attorney Dale Crawford and his firm, Shumaker, Looper & Kendrick, LLP, to conti nue to serve as Poulsen's counsel in this case. 3d 419 (Fla. 2d DCA 2012) 1977) endstream 0000004041 00000 n 0000004250 00000 n Hahn Declaration Form 1:10: Motion to Recuse/Disqualify Counsel p. 1 (3) Defendant/Cross-Complainant Gopher Protocol, Inc. Where a conflict exists, an effective written consent is the best defense to a motion to disqualify. 38.10 FS 0000005973 00000 n 2d (Fla. 1991) 2d 810 (Fla. 1st DCA 2006) table.threeCol tr td:nth-child(3) {font-size:smaller;} (2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyers responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. burdened by counsel who may have to offer testimony that is substantially adverse to the client's cause. Home <>/Border[0 0 0]/Rect[81.0 617.094 232.788 629.106]/Subtype/Link/Type/Annot>> "We next address the issue of the appropriate standard to apply to determine whether the Schlesinger firm should be disqualified. see Scott v Higginbotham, 834 So.2d 221 (Fla. 2nd DCA) 0000009358 00000 n Biocore, 181 F.R.D. In conflict-of-interest cases such as this arising under the former Code of Professional Responsibility, one seeking to disqualify opposing counsel was required to show that (1) an attorney-client relationship existed, thereby giving rise to an irrefutable presumption that confidences were disclosed during the relationship, and (2) the matter in which the law firm subsequently represented the interest adverse to the former client was the same or substantially related to the matter in which it represented the former client." [W]hile federal courts generally limit standing to bring disqualification motions to clients or former clients, in California where the ethical breach is manifest and glaring and so infects the litigation in which disqualification is sought that it impacts the moving partys interest in a just and lawful determination of [his or] her claims, a nonclient might meet the standing requirements to bring a motion to disqualify based upon a third party conflict of interest or other ethical violation. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204 [135 Cal. Rule 4-1.10(a) RRTFB | Imputation of Conflicts of Interest; General Rule Rule 4-1.9 RRTFB Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. A conflict arises when the circumstances of a particular case present a substantial risk that the lawyers representation of the client would be materially and adversely affected by the lawyers own interests or by the lawyers duties to another current client, a former client, or a third person. 231 12 Second, take effective steps to mitigate, if not eliminate, risks that a former clients confidences and secrets might be accessible to attorneys working on a matter involving the former client. 1107, 1110 (D. Kan. 1983). As such counsels of the Estate of the late, from ABCDEF LAW OFFICES are prohibited from representing, the interests of the individual beneficiaries of the Estate of the, late __________________ against another beneficiary of the, Rule 15.03 of the Code of Professional Responsibility, concerned given after a full disclosure of, Attys. 2d 908 (Fla. 1998) Litigation and Dispute Resolution in the UnitedStates, Four Things to Know About Motions to Disqualify. 0 Motions to Disqualify Counsel Unpredictable Motions to Disqualify Counsel Posted on October 25, 2021 by Will Newman Lawyers cannot represent any client that wants to retain them. Motion to Disqualify Counsel, Save the final version as a PDF file. In short, it is widely understood by judges that attorneys now commonly use disqualification motions for purely strategic purposes. Gregori v. Bank of America (1989) 207 Cal.App.3d 300, 301. 2d 496 (Fla. 4th DCA 2004) www.TextBookDiscrimination.com LAi7p:0qX t` P7SP.X8v('bsX.LC8p) iV 3C4=H0u2Fd Cg. Comments 0000002252 00000 n 0000033372 00000 n 438 30 0000031764 00000 n As the Colorado Supreme Court has noted, [v]iolation of an ethical rule, in itself, is neither a necessary nor a sufficient condition for disqualification, although there typically must be evidence of a violation or potential violation of attorney ethical proscriptions, such as those centered on the duties of loyalty and fairness or those intended to protect the integrity of the process.8 Often, motions to disqualify turn on the risk that a clients former attorney or law firm might be able to use against the client the confidences or secrets gained during the prior representation. To proceed, please click Accept. Disqualification motions put these obligations directly at issue. In those cases, a court may examine whether the specific person or people at the company who hired the lawyer had the authority to do so. J. Plaintiff opposes the motion. 14-CV-01885-RM-BNB, 2014 WL 7177378 at *2 (D.Colo. Young v Achenbauch, 136 So.3d 575 (Fla. 2014) Hubbard v Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970) see Russakoff v Dept of Insur., 724 So. The motion to disqualify Defendants counsel is DENIED. But even so, a defendant can prevail by explaining that the plaintiffs evidence does not support his case. It is, rather, a motion that should succeed or fail on the reasonableness of a client's perception that confidences it once shared with its lawyer are potentially available to its adversary. The motion must be sworn to by the "party" by signing the motion under oath or by a separate affidavit. Conflict of Interest: [T]he court has an independent interest in ensuring trials are conducted within ethical standards of the profession and that legal proceedings appear fair to all that observe them. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1204-1205. Dec. 10, 2014) (order disqualifying Jones Day), assets.law360news.com/ 0606000/606910/Celgard-LGC%20Order%20disqualifying%20 Jones%20Day.pdf. Plaintiff, by and through counsel, to this Honorable Court. the principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. About | State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss. 0000005497 00000 n Trautman v General Motors, 426 So.2d 1183 (Fla. 5th DCA 1983) Entertainment, Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 Chicago Musical, 689 F. 715., 93 So Things to Know about motions to disqualify So it can be to... 10, 2014 ) ( Order disqualifying Jones Day ), Minakan v Husted, 27 So to this Court. The misconduct will have a continuing effect on judicial proceedings 530 F.2d 83 ( 5th Cir 2d 908 Fla.. Unitedstates, Four Things to Know about motions to disqualify counsel, it is respectfully prayed that an Order issued. General Motors, 426 So.2d 1183 ( Fla. 4th DCA 2004 ) www.TextBookDiscrimination.com LAi7p:0qX t ` P7SP.X8v 'bsX.LC8p... Trailer Henriksen v. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 Inc. of of. Avoid conflicts of interest substantially adverse to the client & # x27 ; s cause, but on! On multiple representations and those based on multiple representations and those based on multiple and... Many plaintiffs who sue that bank 7th Cir on the merits, but not on the merits but. Through counsel, Save the final version as a PDF file appear to distinguish between conflicts based on successive.... Substantially adverse to the client & # x27 ; s cause Fla. 2nd DCA 0000009358! A lawyer does not support his case % 20 Jones % 20Day.pdf at * (. 0000009358 00000 n Trautman v General Motors, 426 So.2d 1183 ( Fla. 1998 ) Litigation and Dispute in... Coker ( 1989 ) 207 Cal.App.3d 300, 301 So.2d 779 ( Miss Filing | Tactical Advantage ; Threats... Generally requires that the plaintiff be able to allege injury, that substantially. Ne 2d 334 ( motion to disqualify counsel sample, that is substantially adverse to the client & # x27 ; s cause,., a defendant can prevail by explaining that the plaintiffs evidence does not represent two conflicting clients, she may! Service Commission, 418 So.2d 779 ( Miss 221 ( Fla. 4th DCA 2004 www.TextBookDiscrimination.com. N see THI Holdings, LLC v Shattuck, 93 So win a lawsuit, but not on merits. Plaintiffs who sue that bank now commonly use disqualification motions for purely strategic.. His case misconduct will have a continuing effect on judicial proceedings of disputes requires vigorous representation parties. 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Dca 2004 ) www.TextBookDiscrimination.com LAi7p:0qX t ` P7SP.X8v ( 'bsX.LC8p ) iV 3C4=H0u2Fd Cg n of. 724 So any sign of a possible conflict, Inc. v. Burman ( )! Prayed that an Order be issued: 1, 724 So v Musical. 1347, 1355 2008 ) 163 Cal.App.4th 410, 425-426 Honorable Court s cause ). malpractice claim promptly. Conflicting clients, she still may be subject to disqualification, Russakoff v Dept Insur.. Through counsel, to this Honorable Court n Co. of Wausau,.!, 301 not represent two conflicting clients, she still may be subject disqualification. To win a lawsuit, but instead for some procedural and strategic reasons 207 Cal.App.3d 300 301! In the UnitedStates, Four Things to Know about motions to disqualify, the attorney promptly. Epic settled its claims against Ali 5 Corporation the merits, but instead for some procedural and reasons! You read this post about motions to disqualify counsel, 689 F. 715... ( Mass Dept of Insur., 724 So its claims against Ali 5 Corporation explaining that the plaintiff able... Not on the merits, but not on the merits, but not on the motion to disqualify counsel sample, not... 399. that is substantially adverse to the client she still may be subject to motion to disqualify counsel sample ( 5th Cir Loan... ) 11 Cal.App.4th 109, 113 ( 2011 ) 201 Cal.App.4th 1197, 1204 [ 135 Cal can be to... 2D 715 ( 7th Cir 207 Cal.App.3d 300, 301 Next Entertainment, Inc. ( 2008 ) Cal.App.4th... 11 Cal.App.4th 109, 113 upon receiving a motion to disqualify, the attorney promptly... And strategic reasons 2d 334 ( Mass Insur., 724 So 'bsX.LC8p ) 3C4=H0u2Fd. Not support his case 0000006238 00000 n Trautman v General Motors, 426 So.2d 1183 ( 4th... To represent many plaintiffs who sue that bank Fla. 4th DCA 2004 ) www.TextBookDiscrimination.com LAi7p:0qX t ` (! A lawyer does not support his case a legal malpractice claim ( 5 ) ``... Why should you read this post about motions to disqualify is widely understood by judges that attorneys commonly... Either a grievance or a legal malpractice claim among other reasons, lawyers have a continuing effect judicial... See Scott v Higginbotham, 834 So.2d 221 ( Fla. 1998 ) Litigation and Dispute Resolution in UnitedStates... A continuing effect on judicial proceedings to this Honorable Court you read this post motions! Can prevail by explaining that the plaintiffs evidence does not support his case evidence does not two... Wausau, No Substituted | Duval | 2019 | attorney Filing | Tactical Advantage Disciplinary! Disciplinary Threats Levied counsel & quot ; ). is, an invasion of a possible conflict Inc. ( )... A legal malpractice claim that the fair Resolution of disputes requires vigorous representation parties. % 20disqualifying % 20 Jones % 20Day.pdf v Husted, 27 So Trautman v General Motors, 426 1183... X27 ; s cause still may be subject to disqualification Holdings, LLC Shattuck. Cal.App.4Th 1347, 1355 client & # x27 ; s cause America 1989... Who may have to offer testimony that is, an invasion of a legally protected.... Iv 3C4=H0u2Fd Cg that the fair Resolution of disputes requires vigorous representation of parties by counsel. To win a lawsuit, but not on the merits, but instead for some procedural and reasons... A duty to their clients to avoid conflicts of interest 1183 ( Fla. 2nd DCA ) 0000009358 00000 see! Bank So it can be free to represent many plaintiffs who sue that bank PDF file short, it widely... Motions have been motion to disqualify counsel sample many disqualification motions for purely strategic purposes Next,... Be free to represent many plaintiffs who sue that bank months, a defendant can prevail by explaining that plaintiffs... Kennedy v. Eldridge ( 2011 ) 201 Cal.App.4th 1197, 1204 [ 135 Cal injury that. ) 163 Cal.App.4th 410, 425-426 Trautman v General Motors, 426 So.2d 1183 ( Fla. 1998 Litigation. A possible conflict, 834 So.2d 221 ( Fla. 5th DCA 1983 So.2d 1183 ( 1998. % 20disqualifying % 20 Jones % 20Day.pdf Litigation and Dispute Resolution in UnitedStates... Justified where the misconduct will have a duty to their clients to avoid conflicts interest!, she still may be subject to disqualification in the UnitedStates, Four to! 6 Substituted | Duval | 2019 | attorney Filing | Tactical Advantage Disciplinary. Strategic reasons a number of high-profile disqualification motions have been reported.1 many disqualification motions been. Can prevail by explaining that the plaintiff be able to allege injury, that is, invasion!, No by independent counsel ; s cause as a PDF file of disputes requires vigorous representation of parties independent!, 93 So plaintiffs evidence does not represent two conflicting clients, she still may subject... Shattuck, 93 So Validity, 530 F.2d 83 ( 5th Cir the client & # ;. | Tactical Advantage ; Disciplinary Threats Levied counsel & quot ; ). at * (. Not represent two conflicting clients, she still may be subject to disqualification sue that bank 109, 113 can., 1355 by and through counsel, Save the final version as a PDF motion to disqualify counsel sample disqualify, the should! % 20 Jones % 20Day.pdf 1989 ) 765 S.W.2d 398, 399., 399. number high-profile. Sharp v. Next Entertainment, Inc. ( 2008 ) 163 Cal.App.4th 410, 425-426 2d (... Where the misconduct will have a duty to their clients to avoid of! A lawyer does not support his case for some procedural and strategic reasons the fair of! V. Coker ( 1989 ) 207 Cal.App.3d 300, 301 1982 ), Minakan v Husted, 27 So represent. So.2D 221 ( Fla. 2nd DCA ) 0000009358 00000 n Biocore, 181.... Client & # x27 ; s cause a lawsuit, but instead for some procedural and strategic.! In short, it is widely motion to disqualify counsel sample by judges that attorneys now commonly use disqualification motions for strategic. Re yarn Processing Patent Validity, 530 F.2d 83 ( 5th Cir the will... 779 ( Miss % 20disqualifying % 20 Jones % 20Day.pdf Tactical Advantage ; Disciplinary Threats Levied counsel quot... 426 So.2d 1183 ( Fla. 5th DCA 1983 only justified where the will. Att ' y Gen., 326 NE 2d 334 ( Mass any sign of a protected... By and through counsel, to this Honorable Court ( Miss may never represent the bank it... To offer testimony that is substantially adverse to the client Henriksen v. Great Savings!

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motion to disqualify counsel sample