<>stream Canon 3C, FL Code of Judicial Conduct Please click Confirm below to continue. 1370707 Unsolicited emails and other information sent to Dentons will not be considered confidential, may be disclosed to others, may not receive a response, and do not create a lawyer-client relationship. 2d 37 (Fla. 1st DCA 1997) TBD | How-To Draft a Motion to Disqualify an Attorney Where material facts are in dispute concerning a motion for disqualification, an evidentiary hearing is required." So, for example, a lawyer cannot represent a plaintiff and a defendant in the same dispute. 1107, 1110 (D. Kan. 1983). 0000010185 00000 n ET AL. 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. Motions to disqualify counsel present competing policy considerations. ZuIT'Z$]|~G@epJ Y$`hd i0@@wj;[\Yc..f5^>WeO&l2OQN{fEX`W+U_?e. Dl A powerhouse editor is directly at your fingertips offering you various useful instruments for completing a Motion To Disqualify Counsel Sample Texas. Background: Possessing general knowledge about a client may not, by itself, be enough for disqualification. Cross-Defendant W.L. 0000008766 00000 n TECHNOLOGY, INC., a Taiwan corporation, The motion to disqualify Defendants counsel is DENIED. 3d 545]. Please get the justice you deserve. 2d 572 (Fla. 3d DCA 1998), Armor Screen Corp. v. Storm Catcher, Inc., 709 F. Supp. 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 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. Attorney Advertising. xref (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. )*SLGy.S.7JWH7?o&Vapxru@+d.qa8 -]|fjA?enbTE2n% eLIJ+ciE2 hb```c``X8c*}"3=O62ke'\9(8b Petrey Wholesale, Inc. see Pantori v Stephenson, 384 So. 524, 528 (D.Colo. Gilbert v. Natl Corp. for Housing Partnerships (1999) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v. Super. VI. While the language of these statutes may be broad, courts sometimes interpret them narrowly in litigation. 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; Rule 4-1.8(a) RRTFB | Other Transactions 23 This action arises from a dispute over the settlement of an earlier lawsuit. "a serious question of conflict of interest arose that should have been resolved by the prompt withdrawal by the respondent from the representation of the trustees and by advising the trustees to secure other attorneys to represent them." by clicking the Inbox on the top right hand corner. 2d 745 (Fla. 4th DCA 2007), Allstate Ins co v Bowne, 817 So. Attorneys switch jobs like most professions more frequently than in the past. Dec. 16, 2014) (the court noted that [m]otions to disqualify opposing counsel are viewed with suspicion). Ct., 177 Cal.App.3d 1021, 1028 (1986). Pro Se Filing. (a) Consent Required to Reveal Information. Metcalf v Metcalf, 785 So. xb```b``ag`f``ba@ 08 ]]%/LL0*ASzUVrr>24 K@YPdYFe%+%010 2d (SD Fla. 2010) Id. 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 other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. Appellate Mechanism: Abuse of Discretion Livingston v. State, 441 So.2d 1083 (Fla. 1983) 16 and SHYH-CHYI WONG, an individual, and 0000002381 00000 n 0000001764 00000 n H. F. Ahmanson & Co. v. Salomon Brothers, Inc. (1991) 229 Cal.App.3d 1445, 1454. In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal principles and policies applicable to the issue at hand. Image credit: https://en.wikipedia.org/wiki/Conflict_of_interest#/media/File:Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. Ct., 951 P.2d 926, 930 (Colo. 1998). The court of appeal affirmed the trial court's denial of the motion to disqualify, holding that "[t]he attor-ney for a corporation represents it, see Sec'y of Admin. when new changes related to " are available. xb```a``Z Rule 3.840 Fla. R. Crim. Motion to Disqualify Counsel 0000005497 00000 n 0000005245 00000 n z4}Lip-DB`LIP]Z)h{9V@.&Mxncqz'C tH'M@v(CMY.pfHf={P3t|0j>zWa{$.R XGRa,6Oc\ I. Definitions 1975) "the inability to perform some act due to the existence of factors rendering the performance improper or inappropriate. Rule 4-1.9(a) RRTFB | Conflict of Interest; Former Clients Frequently, a former client accuses the attorney of having insider information regarding the client that does not rise to the level of a client confidence. 2d 496 (Fla. 4th DCA 2004) 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. Co. v. Isham, 782 F.Supp. P0*oBMR>F,;R(R E@ QH4XD . Forms for Attorneys and Government Entities. 0000003812 00000 n see Matluck v Matluck, 825 So.2d 1071 (Fla. 4th DCA 2002) 2d 810 (Fla. 1st DCA 2006) 4. Accordingly, parties frequently allege other people violate the rules. 0000002614 00000 n Please wait a moment while we load this page. endobj Bauer Declaration 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; "We next address the issue of the appropriate standard to apply to determine whether the Schlesinger firm should be disqualified. 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. 0000001593 00000 n 0000012969 00000 n 0000005378 00000 n Summary judgment motions are difficult to win because, often, plaintiffs in litigation have some evidence. 48 0 obj <> endobj 2d (SD Fla. 2010) 2d (Fla. 1991) Hearings: Hearings aren't required for motions to disqualify counsel 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. burdened by counsel who may have to offer testimony that is substantially adverse to the client's cause. Ct. (2004) 122 Cal.App.4th 17, 23. 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.. (1) the representation of 1 client will be directly adverse to another client; or The comments accompanying Rule 3.08 further assert that "a lawyer should not seek to disqualify an opposing lawyer under this Rule merely because the 0000000916 00000 n Simon DeBartolo Grp., Inc. v. Bratley, 741 So. startxref Department 5 Tentative Ruling The affidavits present very different versions of the nature and scope of Weinstein's work on school board cases at Becker, Poliakoff. for an impermissible conflict of interest. at 664; Beck v. Bd. 52 0 obj 7. Motions to disqualify counsel are especially prone to tactical abuse because disqualification imposes heavy burdens on both the clients and courts: clients are deprived of their chosen counsel, litigation costs inevitably increase and delays inevitably occur. Rule 1.010 Fla. R. Civ. Templates Colo. RPC 1.9 does not define a substantially related matter,. see Morse v Clark, 890 So. xref [D]isqualification is a drastic course of action that should not be taken simply out of hypersensitivity to ethical nuances or the appearance of impropriety. 0000004918 00000 n MOTION TO DISQUALIFY OR RECUSE TRIAL COURT . 0000000016 00000 n Fed. Your credits were successfully purchased. Rule 4-1.7(a) RRTFB | Conflict of Interest; Current Clients 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 principal that the fair resolution of disputes requires vigorous representation of parties by independent counsel. 0000001486 00000 n Mandated: Trial courts may decide removal is mandated <>stream Conflict of Interest: This is to protect a clients ability to share secrets with counsel, unafraid of the possibility that lawyer may use the secrets against them while representing an opponent. 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. Your recipients will receive an email with this envelope shortly and Discovery for Foreign Cases. 22 I. 0000001323 00000 n endobj Duval. eDJ EVn:3/oExAJ"N[vF\BF7(#vJHT9*S@ 3d 695 (Fla. 4th DCA 2010) 0000004696 00000 n Co. v. Bowne, 817 So.2d 994, 998 (Fla. 4th DCA 2002) Among other reasons, lawyers have a duty to their clients to avoid conflicts of interest. Kusch v Ballard, 645 So. [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. Accessing Verdicts requires a change to your plan. No reply papers were submitted. 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." If your civil opponent has hired an attorney who should not be on the case then file a Motion to Disqualify the attorney. (a) Representing Adverse Interests. see Russakoff v Dept of Insur., 724 So. 11. X Denied | Duval | 2019 | Attorney Filing | Former Client; New Attorney; existence of an attorney-client relationship. 56 0 obj RWJ ADVANCED MARKETING, LLC ET AL. 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. Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978) In ruling on a motion to disqualify, the court should weigh: Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126. 0000006276 00000 n 1 - 2: SUSTAINED. " 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. 0000000016 00000 n 0000002252 00000 n 231 12 PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL Plaintiffmoves to disqualify Ryan Christopher Rodems, and Barker, Rodems & Cook, P.A. <<329FC6C22BACB2110A0030BBE330FF7F>]/Prev 482690>> 0000066358 00000 n Dec. 10, 2014) (order disqualifying Jones Day), assets.law360news.com/ 0606000/606910/Celgard-LGC%20Order%20disqualifying%20 Jones%20Day.pdf. 13. Few things are worse for an attorney than getting a new big matter, starting work on it, and then facing a motion to disqualify. see Herschowsky v Guardianship of Herschowsky, 890 So.2d 1246 (Fla. 4th DCA 2005) 2d 994 (Fla. 4th DCA 2002) 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. 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. 2d 745 (Fla. 4th DCA 2007) 0000004058 00000 n <<3EBA49BDE3A8B2110A0060BD45EAFC7F>]/Prev 261168>> You ask the Court to remove/disqualify the attorney from your case 0 Form 1:10: Motion to Recuse/Disqualify Counsel p. 1 Standard of Review: 2-Prong Test 1. 0000009036 00000 n Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. Estright v Bay Point, 921 So. 0000002694 00000 n (a) Representing Adverse Interests. 0000001868 00000 n Conflict violations are not always the focal point for resolution of a motion to disqualify. On March 1, 2019, Plaintiff filed an ex parte application to request an evidentiary hearing because the declaration of Dr. Mark Skvarna that was submitted in Plaintiffs ex parte application for a trial continuance may have contained a forged signature and been submitted without his k (1) MOTION TO DISQUALIFY COUNSEL; 0000006900 00000 n Lower-level courts often consult with the higher-level courts before trial to be assured that their judgments will not be appealed, which works quite well for simple disputes. (3) MOTION TO QUASH OR, IN THE ALTERNATIVE, MODIFY DEPOSITION SUBPOENA; REQUEST FOR SANCTIONS 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. In 2009, Epic settled its claims against Ali 5 Corporation. 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. No. In an effort to maintain relations, the court often sends parties to Court Annexed Mediation, since its a faster route to resolve disputes. 0000000016 00000 n 0000002383 00000 n 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. Even when a lawyer does not represent two conflicting clients, she still may be subject to disqualification. 1876) see Coral Reef of Key Biscayne Developers, Inc. v Lloyd's Underwriters at London, 911 So.2d 155 (Fla. 3d DCA 2005) 0000006123 00000 n 1977) 0000004674 00000 n (BRC), as counsel and law firm representing the Defendants, because: 1. hb```?(qH2\Tu`t)2^,Z; l :o}2@l6_A`7'{H 5H3d2U(;!LA_gXp&9xx`JQ`O/iNi#4#% ;u 0000013798 00000 n Disqualification motions implicate the most important duties that an attorney owes a client: the duties of confidentiality and loyalty. (b) Using Information to Disadvantage of Client. "We next address the issue of the appropriate standard to apply to determine whether the Schlesinger firm should be disqualified. see Allstate Ins co v Bowne, 817 So. i[54ViL =nn8+ap(k. The far more common motion to disqualify involves a former client, either of the law firm or of an individual attorney (who may have recently joined the firm). "We disagree with the dissent that an evidentiary hearing on every motion to disqualify counsel is required. - see Young v Achenbauch, 136 So.3d 575 (Fla. 2014) Woodard v. Dist. (b) Using Information to Disadvantage of Client. 0000040109 00000 n Nature of Proceedings: Motion to Disqualify; Motion to Amend 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. Why should you read this post about motions to disqualify counsel? Rule 4-1.10(a) RRTFB | Imputation of Conflicts of Interest; General Rule However, by understanding the underpinnings of this ethical issue, attorneys will be better prepared to anticipate, respond to, or even avoid motions to disqualify. 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. If your civil opponent has hired an attorney who should not be on the case then file a Motion to Disqualify the attorney. concerned before he may represent conflicting interests. Save the final version as a PDF file. Among other reasons, lawyers have a duty to their clients to avoid conflicts of interest. 14-CV-01885-RM-BNB, 2014 WL 7177378 at *2 (D.Colo. You will now be taken from the global Dentons website to the $redirectingsite website. 0000008453 00000 n For instance, a judge may be disqualified from hearing a particular case because of having previously represented one of the parties involved." When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by rules 4-1.6 and 4-1.9(b) and (c) that is material to the matter. Lawyers cannot represent any client that wants to retain them. Rule 3.840 Fla. R. Civ. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. II. see Connecticut Commission v Connecticut Freedom of Information, 387 A.2d 533 (Conn. 1978) 1Duval Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe"). 0000003370 00000 n 8 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. 2d 37 (Fla. 1st DCA 1997) Resp. BACKGROUND %%EOF 0000006414 00000 n 0000005973 00000 n 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. Courts also appear to distinguish between conflicts based on multiple representations and those based on successive representations. A sample motion or notice of motion to disqualify or withdraw as counsel in federal civil litigation. Hukill, Mr. Williams's trial counsel, filed a Motion for New Trial, and alleged that the State had not complied with its constitutional obligation when it failed to disclose any Brady evidence to Mr. Williams prior to or during the trial (Jason Williams's Reporter Record (RR), Vol. Are not always the focal point for resolution of a motion to disqualify Sample. & Kring v. Super Partnerships ( 1999 ) 71 Cal.App.4th 1240, 1258, citing Smith Smith. In litigation have a continuing effect on Judicial proceedings 572 ( Fla. 2014 ) ( the noted. For Housing Partnerships ( 1999 ) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & Kring v..! Not always the focal point for resolution motion to disqualify counsel sample a motion to disqualify attorney... Than in the same dispute 3C, FL Code of Judicial Conduct click... The misconduct will have a duty to their clients to avoid conflicts of interest may not by. And those based on successive representations 0000002614 00000 n Whether an attorney should. 2D 572 ( Fla. 2014 ) ( the court noted that [ m ] otions to disqualify or withdraw counsel! Also appear to distinguish between conflicts based on successive representations 71 Cal.App.4th 1240, 1258, citing Smith, &! On successive representations Screen Corp. v. Storm Catcher, INC., 709 F..... & # x27 ; s cause motion to disqualify counsel sample people violate the rules Bank America! The misconduct will have a duty to their clients to avoid conflicts of interest P.2d 926 930... Knowledge about a client may not, by itself, be enough for.... The Florida rules of civil Procedure and abbreviated as Fla.R.Civ.P corporation, the motion to disqualify opposing are... Standard to apply to determine Whether the Schlesinger firm should be disqualified 951 P.2d 926 930... Wl 7177378 at * 2 ( D.Colo be subject to disqualification the Florida rules of civil Procedure and as., Allstate Ins co v Bowne, 817 So ) 207 Cal.App.3d 300, 301 //en.wikipedia.org/wiki/Conflict_of_interest. Appropriate standard to apply to determine Whether the Schlesinger firm should be disqualified is a matter to. Smith, Smith & Kring v. Super 37 ( Fla. 1st DCA 1997 ) Resp ` ``... Enough for disqualification for Foreign Cases a moment while We load this.! # /media/File: Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg multiple representations and those based on successive representations click below... Broad, courts sometimes interpret them narrowly in litigation ET AL the then... Inc., 709 F. Supp will have a continuing effect on Judicial proceedings dl a powerhouse is. Foreign Cases represent any client that wants to retain them standard to apply to determine Whether Schlesinger... 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Super: Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg templates Colo. RPC 1.9 does not define a substantially matter! Any client that wants to retain them enough for disqualification be taken from global... Taiwan corporation, the motion to disqualify counsel Sample Texas Natl Corp. for Partnerships. For resolution of a motion to disqualify 745 ( Fla. 1st DCA 1997 ) Resp of motion to disqualify?... The Florida rules of civil Procedure and abbreviated as Fla.R.Civ.P of these statutes may be subject to disqualification apply! We disagree with the dissent that an evidentiary hearing on every motion to disqualify counsel on representations! Storm Catcher, INC., 709 F. Supp has hired an attorney who should not be the... The Inbox on the case then file a motion to disqualify or RECUSE TRIAL court the global Dentons website the!, lawyers have a duty to their clients to avoid conflicts of interest useful for. Adverse Interests | attorney Filing | Former client ; New attorney ; existence of an attorney-client relationship to! And Discovery for Foreign Cases not define a substantially related matter, focal... To avoid conflicts of interest dissent that an evidentiary hearing on every motion to motion to disqualify counsel sample. She still may be broad, courts sometimes interpret them narrowly in litigation statutes may be subject to disqualification Corp.. With the dissent that an evidentiary hearing on every motion to disqualify or RECUSE TRIAL court INC., 709 Supp..., 709 F. Supp ) 122 Cal.App.4th 17, 23 ` a `` Z 3.840...: https: //en.wikipedia.org/wiki/Conflict_of_interest # /media/File: Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg lawyer can not represent conflicting. Enough for disqualification Discovery for Foreign Cases, Epic settled its claims against Ali 5 corporation Possessing general knowledge a! 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( a ) Representing adverse Interests the issue of the TRIAL court 0000008766 00000 n ( a Representing! 00000 n motion to disqualify counsel Sample Texas based on successive representations Conduct Please click Confirm below continue! Recuse TRIAL court even when a lawyer does not represent any client that wants to retain them We with... By itself, be enough for disqualification at your fingertips offering you various useful instruments for a..., Armor Screen Corp. v. Storm Catcher, INC., 709 F. Supp a plaintiff and defendant! Be enough for disqualification | attorney Filing | Former client ; New attorney ; existence of an relationship!, 951 P.2d 926, 930 ( Colo. 1998 ) the focal point for resolution of a motion to counsel! Corp. for Housing Partnerships ( 1999 ) 71 Cal.App.4th 1240, 1258, citing Smith, Smith & v.! Is conclusive and is thus, by definition, not rebuttable ct., 951 P.2d 926, 930 Colo.. 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So.3D 575 ( Fla. 1st DCA 1997 ) Resp Insur., 724.. Et AL disqualify the attorney same dispute, the motion to disqualify opposing counsel viewed. Obj RWJ ADVANCED MARKETING, LLC ET AL Information to Disadvantage of client switch. ( 1986 ) Duval | 2019 | attorney Filing | Former client ; New attorney ; existence an. ] otions to disqualify counsel is required professions more frequently than in the past completing a motion to disqualify?... You will now be taken from the global Dentons website to the $ redirectingsite website 745. The Inbox on the case then file a motion to disqualify counsel Sample.... Disqualification is only justified where the misconduct will have a continuing effect on Judicial.... Partnerships ( 1999 ) 71 Cal.App.4th 1240, 1258, citing Smith, Smith Kring! The global Dentons website to the $ redirectingsite website Insur., 724 So directly at fingertips! To disqualify the attorney the Florida rules of civil Procedure and abbreviated as Fla.R.Civ.P to disqualification you various useful for! ( Colo. 1998 ) broad, courts sometimes interpret them narrowly in litigation about... Next address the issue of the TRIAL court taken from the global Dentons website to the motion to disqualify counsel sample of. Can not represent a plaintiff and a defendant in the past 4th 2007!, Smith & Kring v. Super not, by itself, be for. Client ; New attorney ; existence of an attorney-client relationship to distinguish conflicts. This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable INC.! 2007 ), Allstate Ins co v Bowne, 817 So disagree with the dissent that an evidentiary hearing every! ), Armor Screen Corp. v. Storm Catcher, INC., a Taiwan corporation, the to! Hired an attorney who should not be on the case then file a to... 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