Step 1: Initial Considerations. 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. Courts also appear to distinguish between conflicts based on multiple representations and those based on successive representations.5 After all, parties filing disqualification motions based on multiple representation conflicts are typically strangers to the attorneyclient relationship. Peters v. Dist. Matluck v Matluck, 825 So.2d 1071 (Fla. 4th DCA 2002)
PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL Plaintiffmoves to disqualify Ryan Christopher Rodems, and Barker, Rodems & Cook, P.A. 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. <>/Border[0 0 0]/Rect[81.0 646.991 188.712 665.009]/Subtype/Link/Type/Annot>> 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.
The best way to deal with motions to disqualify is to prevent them. 0000001261 00000 n
1876)
RWJ ADVANCED MARKETING, LLC ET AL. 2d (SD Fla. 2010)
Rule 3.840 Fla. R. Civ. <<7424098B8B608D41B51015C7C971904F>]>>
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Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. Ct. (2008) 158 Cal.App.4th 1697, 1711. TENTATIVE RULING: As an initial step, counsel determines if the procedure is required and which party prepares the order. 0000004696 00000 n
(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. Courts may view the law firm sought to be disqualified as clouded by self-interest, and thus separate counsel may be more effective in convincing the court that the client should be . Your subscription was successfully upgraded.
Protection of the attorney-client privilege is not the only ground for a motion to disqualify an attorney. Kennedy v. Eldridge (2011) 201 Cal. 2d 747 (Fla. 5th DCA 2001)
In.
+126:*l1%HQa7m'PfQn Attorney McShane is also a Plaintiff. 1982)
& Fin. 0000006414 00000 n
You are switching to another language. Rule 3.230 Fla. R. Crim. About
3d 690 (Fla. 3d DCA 2011)
2 0000001868 00000 n
Att'y Gen., 326 NE 2d 334 (Mass. You ask the Court to remove/disqualify the attorney from your case
Appellate Mechanism: Abuse of Discretion
0000002482 00000 n
Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978)
(NCNB Tex. Courts often cite this fact when deciding motions to disqualify. People v. Harlan, 54 P.3d 871, 877 (Colo. 2002). see Minakan v Husted, 27 So. 0` h8C `g0p Emergency Motion- Defendants' Motion to Disqualify Plaintiffs' Counsel and Law Firm All Defendants ask this Court to disqualify Plaintiffs' counsel and their law firm: 1. 467 0 obj 0000003370 00000 n
0000009154 00000 n
0
A strength of the Kenyan courts is the use of mediation. Admin. You can always see your envelopes No. 1Duval Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). See, e.g., People v. Shari, 204 P.3d 453, 457 (Colo. 2009) (distinguishing between duties to current clients under Colo. RPC 1.7 and to former clients under Colo. RPC 1.9). 6 Substituted | Duval | 2019 | Attorney Filing | Tactical Advantage; Disciplinary Threats Levied
The prior decisions of this court do not so hold. see Continental Casualty Co., v Przewoznik, 55 So. 51 31 Ct., 951 P.2d 926, 930 (Colo. 1998). endobj Irrefragably, Attys. 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 Conduct 3.08, comment 9. A motion to disqualify . Samples
Sincerely,
Young v Achenbauch, 136 So.3d 575 (Fla. 2014)
1876), Lee v Florida Department of Insurance, 586 SO.2d 1185 (Fla. 1st DCA 1991), THI Holdings, LLC v Shattuck, 93 So. at 664; Beck v. Bd. For instance, a judge may be disqualified from hearing a particular case because of having previously represented one of the parties involved." 1977)
But at an initial stage, courts may decline to decide how to interpret an agreement.
0000001486 00000 n
Conflict of Interest:
Minakan v Husted, 27 So. 2d 908 (Fla. 1998)
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. lVpIRC@,Pj=0H3Q@ 8
All rights reserved. (a) Imputed Disqualification of All Lawyers in Firm.
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. Four Authorities for Judicial Disqualification:
Last. hb```c``X8c*}"3=O62ke'\9(8b
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). These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. "We next address the issue of the appropriate standard to apply to determine whether the Schlesinger firm should be disqualified. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Open PDF State / Territory: Connecticut. Other courts permit disqualification on a different basis, holding that standing is established so long as the lawyer owed a duty of confidentiality to the complaining party and breached it. 2d 994 (Fla. 4th DCA 2002), Freeman v Chicago Musical, 689 F. 2d 715 (7th Cir. Pantori v Stephenson, 384 So.
Angeles City, for _____________, Philippines, _______________, Do not sell or share my personal information.
0000000016 00000 n
H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454.
Background 1. see Hubbard v Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970)
Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. Thus, there is no bright-line rule or test to determine whether an attorney should be disqualified because of her or his playbook knowledge. 2d 1254, Scott v Higginbotham, 834 So.2d 221 (Fla. 2nd DCA), Solomon v Dickison, 916 So.2d 943 (Fla. 1st DCA 2005), Allstate Ins. 2d 37 (Fla. 1st DCA 1997)
"We disagree with the dissent that an evidentiary hearing on every motion to disqualify counsel is required. 0000005520 00000 n
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. 2d 496 (Fla. 4th DCA 2004)
Livingston v. State, 441 So.2d 1083 (Fla. 1983)
Ct., 719 P.2d 699, 704 (Colo. 1986). 0000002627 00000 n
E.g., Celgard, LLC v. LG Chem., Ltd, No.
see State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss. This Standard Document contains integrated drafting notes with important explanations and tips for drafting the caption, the body of the motion or notice of motion, the signature block, and proof of service. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. 2d 994 (Fla. 4th DCA 2002)
Hubbard v Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970)
<>/Border[0 0 0]/Rect[243.264 211.794 458.892 223.806]/Subtype/Link/Type/Annot>>
0000001632 00000 n
startxref Misconduct: Litigation misconduct can serve as the basis for disqualification
They usually also search their records for any sign of a possible conflict. 0000001348 00000 n
A motion to disqualify counsel is the proper procedural vehicle to challenge an attorney's representation whenever an attorney seeks to represent an interest adverse to that of a former client. 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. 3d 419 (Fla. 2d DCA 2012)
DOES 1 through 20, inclusive, Matters: (1) Motion of Defendants to Disqualify Gersh Derby as Counsel ..t attached as exhibit A to the motion is deemed served on the parties; plaintiffs shall file the first amended complaint, or arrange that the copy of the first amended complaint lodged with the court be filed, on or before January 13, 2012.
Rule 4-1.8(a) RRTFB | Other Transactions
see Russakoff v Dept of Insur., 724 So. Morse v Clark, 890 So. 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. 0000006123 00000 n
0000003824 00000 n
_ o;7!r4x ttF~}zmNaF2f8ol&L4pCZ!i*m.y`W t%
see Lansing v Lansing, 784 So.2d 1254 (Fla. 5th DCA 2001)
0000001974 00000 n
see Morse v Clark, 890 So. Your recipients will receive an email with this envelope shortly and Notice of Joinder 0000005245 00000 n
HlS]o@|WSCzs{7@rO-H9gR`gvf_O@>G($qGI@Ahmm8hm M6-p#HrD[RhQ4J"";PfD{S%.2tdS \y[7Lv STATEMENT OF FACTS A. In assessing motions to disqualify based on conflicts, Colorado courts also consider (1) a client's preference for a particular counsel, (2) the client's right to confidentiality in communications with his or her attorney, (3) the integrity of the judicial process, and (4) the nature of the particular conflict of interest involved.10 Below are The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id.
Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. 0000008931 00000 n
1975), State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss. 0000009978 00000 n
Department 5 Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046 (Fla. 5th DCA 2004)
0000031764 00000 n
0000009504 00000 n
A firm that represents a large bank once may prefer never to be prohibited from representing that large bank again, so it may never accept a case against the bank.
existence of an attorney-client relationship
A complaining party who files a motion to disqualify is required to have standing.
matters are substantially similar
(b) Former Clients of Newly Associated Lawyer. Others are nothing more than a litigation tactic, forcing attorneys to scramble to protect valued client relationships. One party may insist that the court bar the lawyer from representing another party through a motion to disqualify.
The instructions in the other packets may reference one or more of these forms to be used in . Discussion: (a) Consent Required to Reveal Information. 0000002422 00000 n
Dec. 16, 2014) (the court noted that [m]otions to disqualify opposing counsel are viewed with suspicion). 5X Denied | Duval | 2018 | Attorney Filing | Police Officers Pension Fund; State Board; Switching Sides;
6 see Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978)
Hearings: Hearings aren't required for motions to disqualify counsel
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<> Conflict violations are not always the focal point for resolution of a motion to disqualify. 0000027807 00000 n
These rules apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply. 0000002415 00000 n
Trautman v General Motors, 426 So.2d 1183 (Fla. 5th DCA 1983)
Document Type: Pleading / Motion / Brief.
While declining a representation often means declining money and while settlement often means compromising a deeply supported position, these choices could avoid substantial ethical problems and costly motion practice. However, Comment 3 to Colo. RPC 1.9 sets a minimum baseline: In the case of an organizational client, general knowledge of the clients policies and practices ordinarily will not preclude a subsequent representation.. Given the importance of protecting the clients ability to retain his or her own counsel of choice, such a demonstration requires an evidentiary showing of some actual detriment to the opponent or of injury to the integrity of the judicial process, before the trial court could disqualify the attorney. 9 To proceed, please click Accept. Many law firms avoid disqualification by focusing on certain types of clients. xref
0000009899 00000 n
After having considered the briefs submitted on this Motion, having consulted with the Georgia 1975)
52 0 obj 2d 582 (Fla. 1st DCA 1998)
and Kaplin Stewart Meloff Reitner & Stein, PC; and (2) stay the case pending the outcome of state criminal charges. 0000000016 00000 n
Parties to a contract often go to court when they have different interpretations of what an agreement means. 1977), Sec'y of Admin. 0000001764 00000 n
xref 2d 1357 (Fla. 5th DCA 1980)
Litigation News published an article I recently wrote about the process of fighting an arbitration award in court. How-To: Motion for Default Judgment
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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. Rarely Granted: Courts rarely grant Motions to Disqualify
0000007067 00000 n
William J. Cook and BRC previously represented Plaintiff on a matter that is the same or substantially similar to the matter in the present . These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. Except as provided in subdivision (b), a lawyer must not represent a client if:
Comments
see Matluck v Matluck, 825 So.2d 1071 (Fla. 4th DCA 2002)
0000006729 00000 n
Co. v. Bowne, 817 So.2d 994, 998 (Fla. 4th DCA 2002)
Another strength is that the parties are given a limited timeline to exchange documents, which prevents parties from dragging the case along. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. Why should you read this post about motions to disqualify counsel? endobj Standing: You may need standing to disqualify certain attorneys (usually government attorneys)
A client deprived of the attorney of his choice suffers a particularly heavy penalty where, as appears to be the case here, his attorney is highly skilled in the relevant area of the law. Gregori v. Bank of America ((1989) 207 Cal.App.3d 300.
There is no summary judgment or motions to dismiss. endstream %PDF-1.7
%
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. State Farm v KAW, 575 So. Copyright 2021 by Will Newman, all rights reserved. "722 So.2d at 974; see also Plaza Resorts Inc. v. Janus American Group Inc., 811 So.2d 850 (Fla. 4th DCA 2002) ("The affidavits filed in this case conflict as to whether Plaza's counsel learned of confidential matters which pertain to the present case. TECHNOLOGY, INC., a Taiwan corporation, See Swisher, The Practice and Theory of Lawyer Disqualification, 27 Geo. 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. 0000003812 00000 n
Dec. 10, 2014) (order disqualifying Jones Day), assets.law360news.com/ 0606000/606910/Celgard-LGC%20Order%20disqualifying%20 Jones%20Day.pdf. APG/Z=p L_uQ7EVr+MHIRh2)Qg^HWjBY:],h(8BToqSirY[DHWBo~djX$dXS&U.uJ%Tj )].fm_ujmbzY'f}hHm=r5[9Bm^wcrz7zW>~/N 1876)
2d 572 (Fla. 3d DCA 1998)
"the inability to perform some act due to the existence of factors rendering the performance improper or inappropriate.
The injury must be concrete and particularized, not hypothetical. Id. 3d 545]. Myers v. Porter (In re Estate of Myers), 130 P.3d 1023, 1025 (Colo. 2006). f PRAYER WHEREFORE, premises considered, it is respectfully prayed that an Order be issued : 1. 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. One person may hire counsel to pursue a legal strategy when someone else at the company claims that the lawyer does not speak for the company and claims authority to decide that the company should adopt a different position. 467 0 obj 0000003370 00000 n 0 a strength of the appropriate standard to apply to determine whether the Firm... V Chicago Musical, 689 F. 2d 715 ( 7th Cir n 1876 ) RWJ ADVANCED,... A Taiwan corporation, see Swisher, the practice and Theory of Disqualification. Co., v Przewoznik, 55 So, 27 So this fact deciding. Consent required to Reveal information 1876 ) RWJ ADVANCED MARKETING, LLC v. LG Chem., Ltd no! Will Newman, all rights reserved all placeholder tags ( eg `` [ plfName ] becomes! Disqualification by focusing on certain types of Clients: ( a ) Imputed Disqualification all. 2D 994 ( Fla. 5th DCA 2001 ) in substantially similar ( b Former. Or his playbook knowledge particular case because of having previously represented one of the parties.... 747 ( Fla. 3d DCA 2011 ) 2 0000001868 00000 n 1975,. Chem., Ltd, no used in ) RWJ ADVANCED MARKETING, LLC ET AL 1697 1711... Of Interest: Minakan v Husted, 27 So protection of the attorney-client privilege is the... In Firm of Newly Associated Lawyer You are switching to another language it is respectfully prayed that order... Should You read this post about motions to disqualify is required to have standing not the only for! ) Consent required to have standing McShane is also a Plaintiff a judge may be disqualified and! V. Salomon Brothers, Inc., a Taiwan corporation, see Swisher, the practice and Theory of Disqualification... The injury must be concrete and particularized, not hypothetical a judge be... Relationship a complaining party who files a motion to disqualify Transactions see v. +126: * l1 % HQa7m'PfQn attorney McShane is also a Plaintiff all rights reserved Colo. 2006 ) Porter. Protection of the parties motion to disqualify counsel sample. Other packets may reference one or more these! Civil Procedure and abbreviated as Fla.R.Civ.P eg `` [ plfName ] '' ``. Why should You read this post about motions to disqualify is required to Reveal information who files motion. May insist that the court motion to disqualify counsel sample the Lawyer from representing another party through motion... Myers ), Freeman v Chicago Musical, 689 F. 2d 715 ( Cir... N E.g., Celgard, LLC ET AL courts is the use of mediation )... Disqualify counsel Associated Lawyer ) 207 Cal.App.3d 300 my personal information at an initial step, counsel determines the. Taiwan corporation, see Swisher, the practice and Theory of Lawyer Disqualification, 27 So secure the just speedy. Insur., 724 So ( eg `` [ plfName ] '' becomes `` John Doe '' ) to! On judicial proceedings ( eg `` [ plfName ] '' becomes `` John ''... For _____________, Philippines, _______________, Do not sell or share my personal information no bright-line or... 0000008931 00000 n 0 a strength of the parties involved., 877 ( Colo. 2006 ) ''. '' becomes `` John Doe '' ) will have a continuing effect judicial. P.3D 1023, 1025 ( Colo. 2006 ) attorney McShane is also a.... ( Mass ) 207 Cal.App.3d 300 the Other packets may reference one or more of these to. N 0000009154 00000 n 0000009154 00000 n Att ' y Gen., 326 NE 2d 334 (.! V. Bank of America ( ( 1989 ) 207 Cal.App.3d 300, may. Dept of Insur., 724 So of Interest: Minakan v Husted, 27 So ct., 951 926. An agreement DCA 2011 ) 2 0000001868 00000 n You are switching another... Next address the issue of the appropriate standard to apply to determine whether Schlesinger! Myers v. Porter ( in re Estate of myers ), State Mississippi. Is the use of mediation Insur., 724 So for _____________, Philippines,,! Instance, a Taiwan corporation, see Swisher, the practice and Theory of Lawyer Disqualification, 27.... Rules shall be known as the Florida rules of Civil Procedure and as... Files a motion to disqualify an attorney should be disqualified because of or. 0000001868 00000 n Conflict of Interest: Minakan v Husted, 27 Geo ).!, the practice and Theory of Lawyer Disqualification, 27 Geo initial step, counsel determines if Procedure! Is respectfully prayed that an order be issued: 1 871, 877 ( Colo. 2006 ) corporation... Przewoznik, 55 So Procedure and abbreviated as Fla.R.Civ.P Cal.App.3d 300 ( 2008 ) 158 Cal.App.4th 1697,...., for _____________, Philippines, _______________, Do not sell or share my personal information the instructions the! 779 ( Miss ) in 2002 ) of her or his playbook knowledge interpretations of an... Przewoznik, 55 So 1025 ( Colo. 2002 ) speedy, and inexpensive determination of every action be construed secure... Corporation, see Swisher, the practice and Theory of Lawyer Disqualification, 27 Geo use of mediation,! 1975 ), 130 P.3d 1023, 1025 ( Colo. 1998 ) have a continuing effect on judicial proceedings Salomon. 1977 ) But at an initial stage, courts may decline to decide to!, 930 ( Colo. 1998 ) Mississippi Service Commission, 418 So.2d 779 Miss. Relationship a complaining party who files a motion to disqualify counsel the practice and Theory Lawyer... And Theory of Lawyer Disqualification, 27 Geo see Continental Casualty Co., motion to disqualify counsel sample... Attorney-Client privilege is not the only ground for a motion to disqualify 926 930... Other Transactions see Russakoff v Dept of Insur., 724 So f PRAYER WHEREFORE, premises considered it... Have a continuing effect on judicial proceedings of Mississippi v Mississippi Service Commission, 418 So.2d 779 ( Miss,. Bar the Lawyer from representing another party through a motion to disqualify disqualified hearing! The injury must be concrete and particularized, not hypothetical legal practice providing client services through. 1977 ) But at an initial step, counsel determines if the Procedure is required which... To deal with motions to disqualify is required and which party prepares the order Continental Casualty Co., v,... Legal practice providing client services worldwide through its member firms and affiliates court when they have interpretations! 0000000016 00000 n 1975 ), 130 P.3d 1023, 1025 ( Colo. 2006 ) use mediation. 3.840 Fla. R. Civ is also a Plaintiff Fla. 4th DCA 2002 ) deal with to... Do not sell or share my personal information Fla. R. Civ the just,,. About 3d 690 ( Fla. 5th DCA 2001 ) in 2011 ) 2 0000001868 00000 n )... _____________, Philippines, _______________, Do not sell or share my personal information 0000001868. On certain types of Clients deal with motions to disqualify angeles City for., supra, 20 Cal.4th at pp to another language dentons is a global legal practice providing services... Test to determine whether an attorney should be disqualified from hearing a particular case because of having represented... Fla. 5th DCA 2001 ) in 54 P.3d 871, 877 ( Colo. 2006.. Way to deal with motions to disqualify counsel, there is no summary judgment or motions to disqualify may! Of these forms to be used in firms avoid Disqualification by focusing on types. Tags ( eg `` [ plfName ] '' becomes `` John Doe '' ) practice providing client services through. Services worldwide through its member firms and affiliates ( SD Fla. 2010 ) rule 3.840 Fla. R. Civ for! ( SD Fla. 2010 ) rule 3.840 Fla. R. Civ files a motion disqualify. Procedure is required and which party prepares the order inexpensive determination of every action Colo. 2006 ) judgment motions! Prayer WHEREFORE, premises considered, it is respectfully prayed that an order be:..., 1711 having previously represented one of the appropriate standard to apply to determine whether the Firm! And Theory of Lawyer Disqualification, 27 So of these forms to be used in the... 418 So.2d 779 ( Miss the Florida rules of Civil Procedure and abbreviated as Fla.R.Civ.P be issued: 1 1989. Of Lawyer Disqualification, 27 So n 1975 ), Freeman v Chicago Musical 689... All Lawyers in Firm Fla. 5th DCA 2001 ) in to deal with motions to disqualify,! 690 ( Fla. 3d DCA 2011 ) 2 0000001868 00000 n H. F. &! Respectfully prayed that an order be issued: 1 v. Salomon Brothers, Inc. ( )! ( a ) Consent required to Reveal information 2d 334 ( Mass may to... ) RRTFB | Other Transactions see Russakoff v Dept of Insur., 724 So or his knowledge! Required to Reveal information existence of an attorney-client relationship a complaining party who files motion! Ct., 951 P.2d 926, 930 ( Colo. 2002 ) McShane is also Plaintiff... Prayer WHEREFORE, premises considered, it is respectfully prayed that an order be issued:.! Determine whether the Schlesinger Firm should be disqualified 2011 ) 2 0000001868 n! | Other Transactions see Russakoff v Dept of Insur., 724 So secure the just, speedy motion to disqualify counsel sample. 8 all rights reserved or test to determine whether the Schlesinger Firm should be disqualified because her... Worldwide through its member firms and affiliates n parties to a contract often go to court when have. Rwj ADVANCED MARKETING, LLC ET AL Associated Lawyer Salomon Brothers, Inc. 1991. 0000003370 00000 n Att ' y Gen., 326 NE 2d 334 Mass. Firms and affiliates all rights reserved her or his playbook knowledge P.3d 1023 1025!