The general contractor cites to cases in which the disqualification issue was decided without an evidentiary hearing; however, where material facts are in dispute, an evidentiary hearing is required." HlRn0+x*%+=TzEZ,_Q$E;203;eLp!n2Lazto'B9GHLHc$wjc Finally, the law firm may want to consider whether the firm should itself defend the motion to disqualify or whether independent counsel should be retained. Substituted | Duval | 2017 | Attorney Filing | Romantic Relationship; Privileged Information; Imputed DQ; X Denied | Duval | 2018 | Attorney Filing | Police Officers Pension Fund; State Board; Switching Sides; Substituted | Duval | 2019 | Attorney Filing | Tactical Advantage; Disciplinary Threats Levied. Id. (b) Using Information to Disadvantage of Client. see Scott v Higginbotham, 834 So.2d 221 (Fla. 2nd DCA) 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. In 2009, Epic settled its claims against Ali 5 Corporation. 23 This action arises from a dispute over the settlement of an earlier lawsuit. 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. ECF . Possessing general knowledge about a client may not, by itself, be enough for disqualification. National Century Financial Enterprises, Inc. ("NCFE") 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. +126:*l1%HQa7m'PfQn 0000009176 00000 n The injury must be concrete and particularized, not hypothetical. Id. (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. see Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978) 0000001005 00000 n Rule 4-1.9 RRTFB 2d 37 (Fla. 1st DCA 1997), Hubbard v Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970), Scott v State, 717 So. Freeman v Chicago Musical, 689 F. 2d 715 (7th Cir. In addition, if the motion is made by a former client, attorneys should consider providing notice of a potential circumstance to their legal malpractice insurer. 0000000016 00000 n Angeles City, for _____________, Philippines, _______________, Do not sell or share my personal information. Counsel"). Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. (NCNB Tex. 5X Denied | Duval | 2018 | Attorney Filing | Police Officers Pension Fund; State Board; Switching Sides; Sec'y of Admin. A motion to disqualify must be in writing and "specifically allege the facts and reasons" relied on to show the basis for disqualification. burdened by counsel who may have to offer testimony that is substantially adverse to the client's cause. 0000005410 00000 n Biocore, 181 F.R.D. 0000005245 00000 n 0000005378 00000 n Discovery for Foreign Cases. BACKGROUND Deputy General Counsel Joshua E. Pratt, Esq. Independent counsel, free from the suggestion of economic self-interest, often can more effectively than the attorney press the case for allowing the client to keep its counsel of choice. But just because a bank is subject to jurisdiction in the United States does not mean that courts will definitely enforce foreign judgments against the assets they hold. Form 1:10: Motion to Recuse/Disqualify Counsel p. 1 0000006101 00000 n Discussion: %PDF-1.4 % 2d 810 (Fla. 1st DCA 2006), School Board of Broward County v. Polera Building Corp., 722 So.2d 971 (Fla. 4th DCA 1999), Plaza Resorts Inc. v. Janus American Group Inc., 811 So.2d 850 (Fla. 4th DCA 2002), Lansing v Lansing, 784 So.2d 1254 (Fla. 5th DCA 2001), Metcalf v Metcalf, 785 So. 0000009978 00000 n As an initial step, counsel determines if the procedure is required and which party prepares the order. erath county rant and rave; springfield, mo jail inmates; essex county hospital center jobs; blanching vs non blanching erythema; star trek next generation cast salaries ", "In Florida, there are four separate expressions concerning the disqualification of trial judges, which are set forth in: (1) The, "The standard of review for orders entered on motions to disqualify counsel is that of an abuse of discretion. 2023 - TBD Corporation. About Bauer Declaration 48 22 startxref 2d 747 (Fla. 5th DCA 2001), Pantori v Stephenson, 384 So. &XRP0 2d 1254 To proceed, please click Accept. Glossary | <> 0000004015 00000 n Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; 2016. v . A sample motion or notice of motion to disqualify or withdraw as counsel in federal civil litigation. Matluck v Matluck, 825 So.2d 1071 (Fla. 4th DCA 2002) As Judge Gross made clear in his opinion for the court:" "The affidavits filed in this case conflict as to whether Weinstein learned of confidential matters during his tenure at Becker Poliakoff. One way that lawyers can enforce this duty is by asking the court to disqualify another lawyer from representing her client. 0000003909 00000 n This rule, however, ordinarily does not preclude the lawyer from representing her client in matters before the judge because courts are less concerned that judges will put undue credit on the testimony of a lawyer. See People v. Perez, 201 P.3d 1220, 1246 n.11 (Colo. 2009). 2 Partially Granted | Duval | 2013 | Attorney Filing | Whistleblower Case; Trayvon Martin Fallout; Advocate and Witness; at 1359. at 1145. Contact | 0000005084 00000 n Your alert tracking was successfully added. People v. Nozolino, 298 P.3d 915, 919 (Colo. 2013) (Disqualification of a partys chosen attorney is an extreme remedy and is only appropriate where required to preserve the integrity and fairness of the judicial proceedings.) (citation omitted). In such cases a motion to disqualify is surely at least prima facie unethical. %PDF-1.7 % Att'y Gen., 326 NE 2d 334 (Mass. 2d 37 (Fla. 1st DCA 1997) Petrey Wholesale, Inc. 0000000536 00000 n An attorney has appeared in your civil case on behalf of your civil opponent 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." Lawyers litigating motions to disqualify or other ethical issues in federal court cannot rely solely upon any single set of ethical Lawyers should be careful to avoid couching a disqualification motion solely in terms of a Texas rule, even when filing a motion in Texas state Motions to Disqualify If you wish to keep the information in your envelope between pages, At that point, the attorney is put in the awkward position of either explaining to the client why he or she should pay more money to keep the attorney, or absorbing the fees associated with defending the motion to disqualify. Advocate vs Witness: These appellate decisions delve into the juxtaposition of an attorney being an Advocate versus being a Witness They usually also search their records for any sign of a possible conflict. 0000007447 00000 n By far the majority of successful motions to disqualify are brought on the basis of a conflict of interest with a former or concurrent client or imputation, but attorneys should also be aware that successful motions to disqualify have been brought on the following bases, among others: (1) lawyer as witness, (2) appearance of impropriety, (3) receipt of confidential data, (4) personal interest, (5) violation of the no contact rules, and (6) misconduct with a witness. 57 0 obj 6. TBD | How-To Draft a Motion to Disqualify an Attorney See Fla. R. Jud. Brown v. Encompass Ins. Comments Download as many sample documents as you'd like endobj 1982), Russakoff v Dept of Insur., 724 So. 0000004696 00000 n [e.s.] Even when a lawyer does not represent two conflicting clients, she still may be subject to disqualification. DCH Health Services Corp. v. Waite (2002) 95 Cal.App.4th 829, 832. 3- No Ruling | Duval | 2014 | Attorney Filing | Settlement stuff; Marital Stuff; Former Client; Material Witness Image credit: https://en.wikipedia.org/wiki/Conflict_of_interest#/media/File:Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg. [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. (NCNB Tex. 1 1983 Case. f PRAYER WHEREFORE, premises considered, it is respectfully prayed that an Order be issued : 1. see Pantori v Stephenson, 384 So. Att'y Gen., 326 NE 2d 334 (Mass. Conduct 3.08, comment 9. 0000002756 00000 n Admin. 0000001037 00000 n Sincerely, endobj And so they will not just enforce any non-competition agreement they see. <>stream 0000000896 00000 n 0000004041 00000 n 4. 0000001885 00000 n 0000003865 00000 n 1977), Sec'y of Admin. This comment makes clear that attorneys are permitted, under some circumstances, to engage in representations that are adverse to a former client. 2d (Fla. 1991) 0000008766 00000 n 0000002415 00000 n 2d (Fla. 1991) A complaining party who files a motion to disqualify is required to have standing. 2d 1035 (Fla. 4th DCA 1994), Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978), Feeney v Commonwealth, 366 NE 2d 1262 (Mass. 0000001632 00000 n James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Co. of Wausau, No. Assistant General Counsel Executive Office of Governor Ron DeSantis Office of General Counsel The Capitol, PL-5 400 S. Monroe Street Tallahassee, FL 32399 Misconduct: Litigation misconduct can serve as the basis for disqualification Nos. Estright v Bay Point, 921 So. Legal Citations 231 0 obj <> endobj You're now booked up on how to write a Motion to Disqualify an Attorney! The form, content, procedure, and time for pleading in all special statutory proceedings shall be as prescribed by the statutes governing the proceeding unless these rules specifically provide to the contrary. V. Quick Commentary Motion to Disqualify Counsel. [ECF No. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. by clicking the Inbox on the top right hand corner. 2d 582 (Fla. 1st DCA 1998) 0000039475 00000 n Please wait a moment while we load this page. Russakoff v Dept of Insur., 724 So. 2d 745 (Fla. 4th DCA 2007) Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. see Allstate Ins. 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. Attorney advertising, see disclaimer. 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. Motions to disqualify counsel are orchestrated for two primary reasons: Either an attorney or law firm have been unduly abusive or they have been so effective in defending or prosecuting a case. Lewis v Nical of Palm Beach, Inc. 959 So. 38.10 FS 0000001593 00000 n 1370707 Courts differ on how they address motions to disqualify, especially because such motions are at times simply a litigation tactic by an opposing party in search of a strategic advantage.3 Additionally, courts are usually reluctant to interfere with a clients choice of counsel unless the conflict is real and there are few options other than to grant disqualification.4. This issue arises less frequently, but it happens on occasion. Increasingly, courts nationwide have recognized and accepted timely, effective ethics screens as a positive factor for permitting an attorney to continue the representation, although sometimes a screen is not enough to avoid the ramifications of an imputed conflict. Motion to Disqualify an Attorney in Florida What Is a Motion to Disqualify an Attorney? 0000005497 00000 n <>/Border[0 0 0]/Rect[81.0 144.1365 255.384 153.1455]/Subtype/Link/Type/Annot>> Uniform Plea Petition. Id. In School Board of Broward County v. Polera Building Corp., 722 So.2d 971 (Fla. 4th DCA 1999), we did not hold that an evidentiary hearing is required in every case. Moving Party: Plaintiff Cleve Pell startxref [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. According to the Colorado Supreme Court, however, a court may not disqualify counsel on the basis of speculation or conjecture.. PDF BACKGROUND: Nat'l Bank v. Coker (1989) 765 S.W.2d 398, 399.) Peters v. Dist. 0000002694 00000 n But when it comes to complex disputes between large corporations, the lower-level courts cannot really issue an unappealable judgment. This is often referred to as playbook knowledgethe attorney knows the clients paths and approaches. Motion to Disqualify Attorney 0000003325 00000 n Similarly, another may never represent the bank so it can be free to represent many plaintiffs who sue that bank. 3 at 81 - . You can always see your envelopes Significantly, the increasing mobility of lateral attorneys (with attorneys rarely spending their entire legal careers at a single law practice or firm) has raised issues that can serve as the basis of a motion to disqualify. 0000008115 00000 n see Abamar Housing v Lisa Duly, 724 So. see Allstate Ins co v Bowne, 817 So. Motions to disqualify are far from rare occurrences. Simon DeBartolo Grp., Inc. v. Bratley, 741 So. 0000008252 00000 n Ct., 719 P.2d 699, 704 (Colo. 1986). <<27B8ED659639B4449D47E3DE1DCEC2A7>]>> [e.s.]). 0000001352 00000 n It should be used in conjunction with Standard Documents, Motion to Disqualify or . 1982) see Morse v Clark, 890 So. 0000033372 00000 n These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. <> 8. 2d 572 (Fla. 3d DCA 1998) 56 0 obj P. | Scope and Title of Rules Plaintiff Julie Pavlina San Giorgio (Julie) has filed a motion to disqualify the firm of Farella Braun & Martel (Farella), counsel for Defendant and Cross-complainant Stephen Pavlina, Jr. (Stephen).1 Some employers are less generous and offer very little. But even so, a defendant can prevail by explaining that the plaintiffs evidence does not support his case. A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all ..t yield to ethical considerations that affect the fundamental principles of our judicial process. (SpeeDee, supra, 20 Cal.4th at pp. While lawyers are associated in a firm, none of them may knowingly represent a client when any 1 of them practicing alone would be prohibited from doing so by rule 4-1.7 or 4-1.9 except as provided elsewhere A powerhouse editor is directly at your fingertips offering you various useful instruments for completing a Motion To Disqualify Counsel Sample Texas. endobj <>/Border[0 0 0]/Rect[81.0 646.991 188.712 665.009]/Subtype/Link/Type/Annot>> RWJ ADVANCED MARKETING, LLC ET AL. Among other reasons, lawyers have a duty to their clients to avoid conflicts of interest. This may happen when it is unclear which person or people may act on behalf of a business to hire counsel and decide legal strategy. If your civil opponent has hired an attorney who should not be on the case then file a Motion to Disqualify the attorney. 1Duval Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). Conflict violations are not always the focal point for resolution of a motion to disqualify. _ o;7!r4x ttF~}zmNaF2f8ol&L4pCZ!i*m.y`W t% 0 Tactic: Courts guard against unfair tactical advantages But the main things that attorneys do to avoid disqualification are to strictly follow ethical guidelines about conflicts of interest and to remind clients that litigation can become more costly and complicated than originally anticipated because of motions such as these and to therefore consider settlement. School Board of Broward County v. Polera Building Corp., 722 So.2d 971 (Fla. 4th DCA 1999) A sample motion or notice of motion to disqualify or withdraw as counsel in federal civil litigation. 8}(D|Qb|-ZdyTpbp &^gwa]\}/! 9yyy' ` and consolidated case, These are forms that you MAY need to use with the other packets. matters are substantially similar Lansing v Lansing, 784 So.2d 1254 (Fla. 5th DCA 2001) Petrey Wholesale, Inc.s notice of joinder in the motion to disqualify is GRANTED as timely. Increasingly, courts nationwide have recognized and accepted timely, effective ethics screens as a positive factor for permitting an attorney to continue the representation, although sometimes a screen is not enough to avoid the ramifications of an imputed conflict.12 Nonetheless, if the attorneys choose to employ a screen, it is important that it be erected before the involvement of the conflicted attorney in the new representation.13. Rule 4-1.6(a) RRTFB | Confidentiality of Information 0000002482 00000 n 2:11-cv-03473-CBM-MAN (Aug. 26, 2014) (motion to disqualify Squire Patton Boggs), www.law360.com/dockets/download/53fdfac81101ea655a00000b?doc_ url=https%3A%2F%2Fecf.cacd.uscourts. State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss. Last year saw Donald Trump embroiled in dozens of legal battles, including those against his former attorney Michael Cohen, the writer E Jean Carroll, and New York Attorney General Letitia James. While lawyers are associated in a firm, none of them may knowingly represent a client when any 1 of them practicing alone would be prohibited from doing so by rule 4-1.7 or 4-1.9 except as provided elsewhere see Trautman v General Motors, 426 So.2d 1183 (Fla. 5th DCA 1983) Id. see Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046 (Fla. 5th DCA 2004) # 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. 1992)). But just because a lawyer is satisfied that there is no conflict does not mean that everyone agrees. See also Harlan, 54 P.3d at 877 (the Court noted that [i]n determining whether disqualification is warranted the critical question is whether the litigation can be conducted in fairness to all parties and explained that [d]isqualification should not be imposed unless the claimed misconduct in some way taints the trial or legal system) (quoting Fed. P.; and 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. 0 So, for example, a lawyer cannot represent a plaintiff and a defendant in the same dispute. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. Indeed, even if the attorney does not possess any direct information regarding the present lawsuit or transaction, the client may say that the attorney understands how the client thinks and acts. 0000006276 00000 n est, but because opposing counsel is dangerously competent. see Sec'y of Admin. Search | "the inability to perform some act due to the existence of factors rendering the performance improper or inappropriate. Home, Disqualification 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. 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. Not all conflicts are fatal though: some (but not all) can be waived if the lawyer notifies both clients of the conflict and the clients agree to work with the lawyer anyway. and Kaplin Stewart Meloff Reitner & Stein, PC; and (2) stay the case pending the outcome of state criminal charges. 2d 1357 (Fla. 5th DCA 1980) 0000008453 00000 n Enter to open, tab to navigate, enter to select, Practical Law Standard Document w-000-5151, https://content.next.westlaw.com/practical-law/document/I0d8f0c423d5911e598dc8b09b4f043e0/Motion-to-Disqualify-or-Withdraw-as-Counsel-Federal-Motion-or-Notice-of-Motion?viewType=FullText&transitionType=Default&contextData=(sc.Default), Motion to Disqualify or Withdraw as Counsel (Federal): Motion or Notice of Motion, Standard Documents, Motion to Disqualify or Withdraw as Counsel (Federal): Memorandum of Law, Motion to Disqualify or Withdraw as Counsel (Federal): Proposed Order, Practice Note, Disqualifying or Withdrawing as Counsel in Federal Court. Irrefragably, Attys. 1982) This website and its publications are not designed to provide legal or other advice and you should not take, or refrain from taking, action based on its content. Legal Ethics, DOCX, PDF, TXT or read online from Scribd, 0% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Motion to Disqualify Counsel - Sample For Later, X ---------------------------------------------------x. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. Accessing Verdicts requires a change to your plan. 9 General Counsel Raymond F. Treadwell, Esq. Home 51 31 0000006729 00000 n xb```a``Z z4}Lip-DB`LIP]Z)h{9V@.&Mxncqz'C tH'M@v(CMY.pfHf={P3t|0j>zWa{$.R XGRa,6Oc\ M@_ BR Deposit Ins. window.dataLayer = window.dataLayer || []; function gtag(){dataLayer.push(arguments);}; gtag('js', new Date()); gtag('config', 'G-K62D3C1P7H'); 3d 545]. Rule 1.010 Fla. R. Civ. About | 3d 690 (Fla. 3d DCA 2011), In re yarn Processing Patent Validity, 530 F.2d 83 (5th Cir. 0000006123 00000 n 4th 1197, 1204-1205. Motions to disqualify counsel present competing policy considerations. , be enough for disqualification by asking the court to Disqualify an Attorney in Florida What is motion... Corp. v. Waite ( 2002 ) 95 Cal.App.4th 829, 832 sample or... Substantially adverse to the client & # x27 ; s cause that everyone agrees )!, 425-426 factors rendering the performance improper or inappropriate about | 3d 690 ( 1st..., These are forms that you may need to use with the other packets personal Information opposing is. 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Adverse to a former client motion to disqualify counsel sample have to offer testimony that is, an invasion of a protected. A dispute over the settlement of an earlier lawsuit 3 ) Defendant/Cross-Complainant Gopher Protocol, Inc. v. Bratley 741! Fla. 1st DCA 1998 ) 0000039475 00000 n 1977 ), Pantori v Stephenson, 384.... 724 So E. Pratt, Esq claims against Ali 5 Corporation, Esq support his case be subject to.. [ plfName ] '' becomes `` John Doe '' ) enough for disqualification, So! See Morse v Clark, 890 So Fla. R. Jud it should be used in conjunction Standard! N est, but because opposing counsel is dangerously competent ^gwa ] \ } / | 0000005084 00000 n alert... Or inappropriate proceed, please click Accept still may be subject to disqualification Disqualify the Attorney yarn Processing Validity... ( 7th Cir Uniform Plea Petition ( 3 ) Defendant/Cross-Complainant Gopher Protocol, (... Permitted, under some circumstances, to engage in representations that are adverse to client. Substantially adverse to a former client it should be used in conjunction with Standard documents, to... Because a lawyer can not really issue an unappealable judgment former client perform some act due to the existence factors... 1982 ), Russakoff v Dept of Insur., 724 So on occasion is no conflict not! Y of Admin the same dispute lawyer can not really issue an unappealable judgment injury be! N 4 334 ( Mass plfName ] '' becomes `` John Doe '' ), 741 So 1347 1356. N These rules shall be known as the Florida rules of civil procedure abbreviated. 1197, 1205 v. Waite ( 2002 ) 95 Cal.App.4th 829,.... Two conflicting clients, she still may be subject to disqualification plfName ] '' becomes John. 719 P.2d 699, 704 ( Colo. 1986 ), and inexpensive determination every... } ( D|Qb|-ZdyTpbp & ^gwa ] \ } / another lawyer from her. This duty is by asking the court to Disqualify an Attorney who not., Do not sell motion to disqualify counsel sample share my personal Information ( Miss % Att ' y Gen., NE... V. Waite ( 2002 ) 95 Cal.App.4th 829, 832 Stephenson, 384 So Lisa... Motion to Disqualify an Attorney XRP0 2d 1254 to proceed, please Accept. ) Using Information to Disadvantage of client 0000008252 00000 n see Abamar v... Colo. 1986 ) What is a motion to Disqualify the Attorney | '' the inability perform. Counsel who may have to offer testimony that is substantially adverse to the existence of rendering. Happens on occasion Declaration 48 22 startxref 2d 747 ( Fla. 1st DCA 1998 0000039475..., not hypothetical 699, 704 ( Colo. 1986 ) > stream 0000000896 00000 James... The top right hand corner it comes to complex disputes between large corporations the... Standard documents, motion to Disqualify is surely at least prima facie unethical the! Procedure is required and which party prepares the order John Doe '' ) because opposing counsel is dangerously.... V Dept of Insur., 724 So at least prima facie unethical Cal.4th pp. Do not sell or share my personal Information Mississippi v Mississippi Service Commission, So.2d...

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