252 0 obj /Pg 20 0 R << /S /P /Lang (EN-US) /Pg 44 0 R >> /P 12 0 R /P 12 0 R << /K 4 >> /Lang (EN-US) /Pg 15 0 R /Count 5 /Pg 41 0 R 13 0 obj disqualify opposing counsel, the present client of the attorney who is the target of the motion,6 and third parties. /K 0 << /Pg 16 0 R /Pg 44 0 R >> 212 0 obj /P 12 0 R /S /P << PDF Bikkani v. Lee - Supreme Court of Ohio << /K 10 /P 12 0 R >> /Resources 375 0 R Notice of Motion and Motion. /S /Reference endobj >> /K 2 >> 314 0 obj /P 12 0 R << endobj << << /K 4 201 0 obj /K 17 Attorney Disqualification in Florida Following State Farm v. K.A.W Defendants' Motion to Disqualify Plaintiff's counsel, Greenberg Traurig, LLP ("GT") is a baseless effort to divert the Court from the merits of the controversy between the parties, in which GT's client has already been shown to have been seriously wronged by the moving parties. >> 75 0 obj /Lang (EN-US) /Annots [] >> Legal Ethics 71, 77 (Winter 2014). If you are not already a client of Dentons, please do not send us any confidential information. >> >> << << >> << << >> /K 0 /Tabs /S /K 12 >> x+ | endobj 108 0 obj /Lang (EN-US) /Pg 38 0 R /P 12 0 R >> endobj /K 27 /S /P << Generally, an order either disqualifying or refusing to disqualify a law firm is not appealable. /P 162 0 R the entire judicial process' when deciding a motion to disqualify an attorney pursuant to K.R.P.C. 6 0 obj /P 509 0 R 193 0 obj 6. endobj /Pg 33 0 R /StructParents 0 << << /K 0 /P 505 0 R 246 0 obj specifies the date, time, and location where the hearing will take place, spells out what the party is requesting, and gives a . (quoting People ex rel. 152 0 obj << /S /P >> 90 0 obj << /P 505 0 R >> 309 0 obj 202 0 obj 328 0 obj endobj As noted, this order addresses . /Lang (EN-US) << The government does not contest the fact that prosecutors Mark Rosman and Karen Sharp met with the defendant on June 21, 1995, and that the defendant was offered immunity, which he declined to accept. /K 2 >> /P 12 0 R >> /Pg 22 0 R /Contents [495 0 R 496 0 R 497 0 R] >> /Rotate 0 United States v. Wallach, 788 F. Supp. /S /P /Underline /Span /Tabs /S /K 3 /Pages 3 0 R /K 18 Legal Standards. << /K 9 Few things are worse for an attorney than getting a new big matter, starting work on it, and then facing a motion to disqualify. First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. How to Disqualify a Judge on Your Case | Pariente Law Firm, P.C. /K 17 endobj /P 507 0 R >> 331 0 obj /Pg 17 0 R /K 24 /P 12 0 R /S /TOCI /S /P 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. /MediaBox [0 0 612 792] /S /P << << >> >> He then filed a Motion for Discovery on January 29, 2002, and a Motion for Evidentiary Hearing on February 1, 2002. /S /P /S /Link Northwoods Educational Foundation, Inc.'S Reply to Plaintiff'S Response /Lang (EN-US) /Lang (EN-US) endobj /Lang (EN-US) >> at 390-91. endobj 214 0 obj << << /Resources 452 0 R /Pg 15 0 R /Lang (EN-US) /K 13 /Type /Page 82 0 obj /S /TOCI Government Caught Between a Recusal Motion and Desperation /P 509 0 R /K 0 164 0 obj Such motions are sometimes followed by either a grievance or a legal malpractice claim. 58 0 obj 26 [160 0 R 161 0 R 162 0 R null 327 0 R null 328 0 R null 329 0 R 162 0 R /K 2 270 0 obj << /K 2 endobj /Lang (EN-US) UNITED STATES BANKRUPTCY COURT appeared that mediation was at an << 338 0 obj endobj /Pg 16 0 R 318 0 obj Id. Affidavit to Disqualify or Recuse Judge for Prejudice - US Legal Forms /K 10 . /S /P /Pg 29 0 R /Pg 29 0 R << >> /S /P /K 23 /S /P >> Conflict violations are not always the focal point for resolution of a motion to disqualify. /P 528 0 R /RoleMap 14 0 R /Type /Page << endobj endobj endobj Sharp was sent via Federal Express this day of June, 1997, to: J. >> /P 12 0 R THE RESPONSE: The employee in question was Matthew Minno, who is a staff attorney with DMS. 294 0 R 296 0 R 298 0 R 300 0 R 302 0 R] << /Pg 44 0 R /Lang (EN-US) /Resources 383 0 R /S /P /K [5 307 0 R 7] /K 5 /Lang (EN-US) << A motion is a document asking the court to order something in an existing case. >> >> /MediaBox [0 0 612 792] /Rotate 0 /Lang (EN-US) << 0000000896 00000 n endobj 291 0 obj << 107 0 R 108 0 R 109 0 R 110 0 R 111 0 R 112 0 R 113 0 R 114 0 R 115 0 R 116 0 R /K 331 0 R endobj << Disqualification must be complete and a judge cannot partially disqualify or recuse themselves. << The Motion is Granted Without Modification This decision grants SoCalREN's motion without modification. endobj /K 3 << Co. v. Isham, 782 F.Supp. /P 531 0 R endobj /P 12 0 R /P 123 0 R /K 16 /Resources 422 0 R 197 0 R 198 0 R 199 0 R 200 0 R 201 0 R 202 0 R] /Lang (EN-US) /Type /Page /S /P /K 16 << position as district attorney. >> /CropBox [0 0 612 792] /Lang (EN-US) /S /P /MarkInfo 2 0 R >> In fact, the plaintiff's attorney conceded in open court, "I can honestly state I am not completely pre-pared to respond to the motion for summa-ry judgment." The judge, however, allowed the plaintiff to submit a brief on the . Please click Confirm below to continue. /Lang (EN-US) You will now be taken from the global Dentons website to the $redirectingsite website. /S /P Rule 1.432 requires that a motion to disqualify be made within a reasonable time after discovering the facts upon which the motion is based. /MediaBox [0 0 612 792] /StructParents 2 /S /P Further, we cannot advise the asker as to what to do during an upcoming appearance in court. /S /P /Annots [] /K [34 291 0 R 36] /S /Link /Lang (EN-US) /K 4 /K 25 /Pg 45 0 R The Texas Supreme Court held that disqualification was proper, reasoning /S /P >> /K 6 /StructParents 33 /Pg 15 0 R endobj 175 0 obj /Pg 40 0 R /CropBox [0 0 612 792] /P 288 0 R /P 12 0 R /S /P << >> /S /H1 << /Lang (EN-US) /K [47 0 R 48 0 R 49 0 R 50 0 R 51 0 R 52 0 R 53 0 R 54 0 R 55 0 R 56 0 R /Lang (EN-US) /CropBox [0 0 612 792] 2. The Motion Clerk shall enter the "Answer" or "Response" Date on the Cover Sheet. endobj 118 0 obj /S /P /P 296 0 R /K 3 /P 12 0 R /S /P Others are nothing more than a litigation tactic, forcing attorneys to scramble to protect valued client relationships. /K 12 << /S /H3 /Rotate 0 0000000016 00000 n /Lang (EN-US) Two Special Agents from the Federal Bureau of Investigation, Frank Eldredge and James Hawkins, were present during the entirety of the meeting between the defendant and the prosecutors and are available to testify to the events in question. /Lang (EN-US) /Pg 46 0 R /K [4 316 0 R 6] Opposing a Motion Filed Against You - Family Law Self-Help Center 0000009248 00000 n /Pg 17 0 R << << /K 34 /Lang (EN-US) /Rotate 0 /Pg 22 0 R /K 1 /P 528 0 R /P 12 0 R The Attorney General's Response to the Motion to Disqualify him and his Office from this matter is essentially this: rules are fine for everyone else, but I don't have to follow them. /Pg 37 0 R /Pg 16 0 R /MediaBox [0 0 612 792] MOTIONS DISQUALIFY LITIGATION - State Bar of Texas endobj 92 0 obj << /Lang (EN-US) endobj /StructParents 19 /Parent 7 0 R /Pg 46 0 R /S /P An important requirement contained in rule 2.160 (e) is that a disqualification motion must be made within 10 days after the "discovery of the facts constituting the grounds" for the motion. citation to the law supporting the request. >> Rule 2.330 (e). 17 [132 0 R 134 0 R 135 0 R 136 0 R 137 0 R null 322 0 R 323 0 R 322 0 R null endobj endobj >> /S /P /S /Link << /Lang (EN-US) << /Lang (EN-US) /K 10 /Pg 20 0 R 318 0 R null 319 0 R 123 0 R 320 0 R 123 0 R 321 0 R 123 0 R] << /Lang (EN-US) 1857 0 obj <>stream /K 11 /Contents [487 0 R 488 0 R 489 0 R] 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. << /P 56 0 R /Rotate 0 /Pg 22 0 R /P 505 0 R >> endobj /Pg 17 0 R /Lang (EN-US) 278 0 R 279 0 R 278 0 R null 280 0 R 281 0 R 280 0 R null 282 0 R 283 0 R >> /MediaBox [0 0 612 792] /Pg 15 0 R endobj /Pg 15 0 R >> >> >> /Lang (EN-US) >> 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. /Lang (EN-US) 148 0 obj /P 12 0 R 187 0 obj hb```c``X8c*}"3=O62ke'\9(8b 262 0 obj /P 12 0 R >> endobj See Rule 2.330 (f). 209 0 obj /Resources 379 0 R /Lang (EN-US) /P 508 0 R /P 12 0 R /P 12 0 R /Resources 399 0 R 153 0 obj 9. /Pg 15 0 R 31 0 obj /Pg 32 0 R << /Pg 34 0 R /Pg 15 0 R /S /P >> ; Utica Mut. /S /H2 86 0 obj >> /Type /Page /S /P /Pg 23 0 R endobj << /S /P Additionally, the motion must be "promptly presented" to the trial court for "immediate ruling." Id. 217 0 obj << 339 0 obj /P 12 0 R >> /S /P Rule 2.160(c) provides as follows: (c) Motion. /Parent 6 0 R /K 0 /Lang (EN-US) /Type /Page /Lang (EN-US) /S /P /S /Link >> 37 0 obj /Pg 15 0 R endobj endobj /K [274 0 R 276 0 R 278 0 R 280 0 R 282 0 R 284 0 R 286 0 R 288 0 R 290 0 R 292 0 R /Lang (EN-US) << << /K 17 /Contents [388 0 R 389 0 R 390 0 R] << 30 0 obj /P 12 0 R >> /Lang (EN-US) /Pg 22 0 R +126:*l1%HQa7m'PfQn >> /S /H3 Disqualification of Counsel, Attorney; Conflict of Interest Xcentric Ventures, LLC et al v. Stanley et al. /Pg 22 0 R /S /P PDF No. SUPREME COURT OF THE STATE OF WASHINGTON PATRICIA LANDES, v 0000009036 00000 n /K 1 20 [142 0 R 143 0 R] Where witnesses other than the prosecutor can testify to the same matters or conversations, no compelling need exists." /Parent 8 0 R /Lang (EN-US) 59 0 obj /Lang (EN-US) >> << /P 509 0 R >> /Pg 15 0 R /K [7 313 0 R 9] /Contents [392 0 R 393 0 R 394 0 R] /S /P /S /Reference /S /P /Tabs /S endobj >> endobj Select the Sign tool and create an electronic signature. 272 0 obj 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. /Lang (EN-US) 0000003370 00000 n /Pg 37 0 R /P 12 0 R /Pg 27 0 R /K 3 /S /P >> >> /K 20 >> /P 298 0 R /Parent 11 0 R 216 0 obj Attempting to defeat the motion without advising the client is not an acceptable solution. /Lang (EN-US) /S /P 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. endobj /K 15 /Outline /Span 173 0 obj /Pg 43 0 R /Marked true /Pg 15 0 R /Pg 16 0 R << >> Upon consideration of the defendant's Motion to Disqualify Prosecutors Mark R. Rosman and Karen J. The Motion was filed by Michael R. Presley, Esq. Attorney Advertising. /K 1 /K [6 323 0 R 8] /S /P >> /P 12 0 R << /S /TOCI /P 530 0 R >> << northwoods educational foundation, inc.'s reply to plaintiff's response to motion to disqualify and response to motion for sanctions /Annots [] 131 0 obj /Pg 15 0 R She must asker lawyer. /Lang (EN-US) /K 5 >> /S /P 132 0 obj endobj endobj 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. /Parent 11 0 R /Lang (EN-US) /Pg 37 0 R /P 509 0 R Motions (a) Motion and opposition (1) Except as these rules provide otherwise, a party wanting to make a motion in a reviewing court must serve and file a written motion stating the grounds and the relief requested and identifying any documents on which the motion is based. /P 12 0 R /K 1 endobj /Parent 3 0 R 362 0 obj /Lang (EN-US) 110 0 obj >> 303 0 obj >> /Pg 16 0 R endobj endobj 191 0 R] When a party wants to ask an Administrative Law Judge, or "ALJ," to do or change something about their case, it is called a "motion." Examples are requesting that a date for mediation be scheduled or that two cases be combined into one hearing (called a "consolidation"). Shari, 204 P.3d at 460-62. << /Lang (EN-US) II. /S /P Defendant's Motion at 1. << >> /P 508 0 R /P 12 0 R << /Lang (EN-US) endobj /K 38 >> /Resources 428 0 R 168 0 obj Serve the other party . 347 0 obj /K 1 /S /P /P 12 0 R /P 531 0 R 9 0 obj 19 0 obj << endobj Make certain each and every area has been filled in properly. /Lang (EN-US) /Lang (EN-US) /P 12 0 R >> /Pg 17 0 R /Pg 16 0 R /S /Table /Lang (EN-US) 115 0 obj /S /P 104 0 obj endobj /K [13 311 0 R 15] endobj See Swisher, The Practice and Theory of Lawyer Disqualification, 27 Geo. << /Lang (EN-US) /K 5 /Pg 17 0 R endobj << >> /S /P HWYoF~G-I\#3 -*;Y^4N&GS/^N'jp09AYr3AG8Qw&ci`UyaFGjQ`H >pt$jxGON@QN]K+t(+|Z6*/@I f%4@Pygv,)23 j8[-h5y$#,Y+9Z2!CK >O6H)jF}ZA|k>&dn[1*.~.>u50,@Wt?fOG# i?k@;)d1GfzN]^;{f"U}2`%dC!5}| _Phf"HjjIzj[NC /Lang (EN-US) 1 /. << /S /P << /K 5 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. /Lang (EN-US) %PDF-1.7 % << 93 0 obj << /MediaBox [0 0 612 792] /CropBox [0 0 612 792] endobj 40 326 0 R 41 329 0 R 42 330 0 R] /S /P << /P 306 0 R >> /Rotate 0 [email protected] / PLAINTIFF CATHOLIC CHARITIES WEST MICHIGAN'S RESPONSE IN OPPOSITION TO MOTION TO DISQUALIFY . endobj RESPONSE to Motion re 31 MOTION to Disqualify Counsel filed by Xcentric 337 0 obj /CropBox [0 0 612 792] endobj endobj << /S /P >> 35 0 obj /Contents [400 0 R 401 0 R 402 0 R] /K 1 endobj >> << << >> When faced with a motion to disqualify, the first course of action is typically to notify the client. << 114 0 obj Once the above requirements are met, the judge must enter an order granting disqualification if the motion to disqualify is "legally sufficient.".