Good discussion of differences between Rules 1. Agency LLC, U. Mid-States Building Services, Inc, vs. Richfield Senior Housing, Inc.
Good discussion of differences between Rules 1. Agency LLC, U. Mid-States Building Services, Inc, vs. Richfield Senior Housing, Inc. A lawyer had represented a contractor in sixteen different pieces of litigation against subcontractors.
A year and a half after ceasing to represent the contractor, the lawyer showed up representing a subcontractor against his former client, the contractor. University of West Virginia v. A law firm represented a university in applying for a patent in the name of a professor.
A dispute later arose between the university and the professor over ownership of the patent. The law firm appeared on behalf of the university. The professor moved to disqualify the law firm. Fabwel was sold to, and merged into, Exterior Systems, Inc.
Exterior sued the new company, Welter, and two Farvers, including Larry Farver. Gillard and her firm appeared on behalf of Welter. Exterior moved to disqualify Gillard and her firm.
The court granted the motion holding that the law firm was being adverse to a former client Fabwel, now a division of Exterior on matters substantially related to its former representation. The court was mostly influenced by the fact that the law firm had drafted the non-competition agreement that was a subject of the lawsuit.
Plaintiff sued Defendants in a tort case.
The Langston firm, represented the plaintiff. Allred worked at the Boackle firm for several months. Allred then left the Boackle firm and joined the Langston firm. Six months after Allred joined the Langston firm, the Defendants moved to disqualify the Langston firm.
Allred denied having any confidential information about the lawsuit.
The trial court disqualified the Langston firm. In a split, the supreme court reversed, on two grounds. Second, the court held that by waiting six months to make the motion, the Plaintiff waived the right to bring the motion. The three dissenting justices challenged both findings.
Suit concerning an oil and gas lease. A lawyer started out representing all six defendants. He attempted to remain in the case for the other defendants. The plaintiffs then moved to disqualify the lawyer. The court overruled the trial judge and said the lawyer must be disqualified.
A lawyer was suspended for 90 days for representing a husband in a divorce matter against the wife. The lawyer had previously represented both the husband and the wife.
In In re Capper, N. Several months after the dissolution, Respondent attempted to represent the former husband in getting the dissolution decree changed. The court admonished and reprimanded Respondent for that conflict and for two unrelated Rule 4.
Kujawa In re KujawaF. The Missouri Supreme Court disciplined Schwartz for this. Neither the opinion nor the article discloses the exact date of the opinion. A lawyer filed a slip and fall case on behalf of the plaintiff. The defendant owner of the premises had been married to the lawyer, but the marriage ended some ten years ago.
The defendant moved to disqualify the plaintiff's lawyer. The court granted the motion saying that the lawyer could use confidences of his former wife, and saying that the representation gave the appearance of impropriety.
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