/Parent 3 0 R << /Pg 16 0 R /StructParents 5 /P 508 0 R >> /P 12 0 R [18 -1] at 19. It is only appropriate to disqualify an attorney due to her status as a potential witness if the attorney's testimony is /P 506 0 R >> /CropBox [0 0 612 792] endobj endobj Please do not message me here on Avvo. >> 137 0 obj /Lang (EN-US) /Lang (EN-US) /Parent 9 0 R /Annots [] 7 0 obj 0000008092 00000 n >> /Lang (EN-US) 189 0 obj /K [22 285 0 R 24] >> /Pg 22 0 R << /Lang (EN-US) << endobj 16 0 obj >> /Annots [] 312 0 obj /Type /Page << 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. >> Petitioners' Pro Se Emergency Motion to Disqualify Counsel for Defendants Doug Smith and CPP. >> >> /Resources 379 0 R 273 0 R 52 0 R 53 0 R] /Lang (EN-US) at 391; United States v. Wallach, 788 F. Supp. Ct., 951 P.2d 926, 930 (Colo. 1998). /S /P /K 14 According to the Colorado Supreme Court, however, a court may not disqualify counsel on the basis of speculation or conjecture.. /MediaBox [0 0 612 792] endobj 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. endobj /S /P /K 4 /Pg 17 0 R /K [50 299 0 R 52] << /Pg 44 0 R << endobj >> /Pg 16 0 R 11 0 obj /Type /Page 46 0 obj /StructParents 35 371 FILED 6/23/97. endobj /S /P << << endobj >> 233 0 obj 276 0 obj /Pg 16 0 R 298 0 R 299 0 R 298 0 R null 300 0 R 301 0 R 300 0 R null 302 0 R 303 0 R /K 5 /Lang (EN-US) >> /K [46 297 0 R 48] This is because it must be presumed that a client shared confidences with its attorney pursuant to the attorneyclient relationship.9 Appreciating this distinction is important to successfully making or defeating a motion to disqualify. /Pg 15 0 R /P 12 0 R /P 12 0 R >> >> Additionally, the motion must be "promptly presented" to the trial court for "immediate ruling." Id. United States v. Ashman, 979 F.2d at 494; United States v. Roberson, 897 F.2d 1092, 1098 (11th Cir. endobj /Lang (EN-US) /P 12 0 R /K 15 /MediaBox [0 0 612 792] /P 300 0 R 17 0 obj endobj Please click Confirm below to continue. 258 0 obj /Tabs /S /K 0 88 0 obj endobj 37 0 obj Note: Summary Judgment Motions have a 30 day Response period. 13 [118 0 R 119 0 R 120 0 R 121 0 R 122 0 R] the entire judicial process' when deciding a motion to disqualify an attorney pursuant to K.R.P.C. << /Pg 16 0 R /Lang (EN-US) /P 506 0 R /Pg 22 0 R endobj 219 0 R 220 0 R 221 0 R 222 0 R 223 0 R 224 0 R 225 0 R 226 0 R 227 0 R 228 0 R /P 508 0 R /Pg 18 0 R /Pg 27 0 R /K 9 << endobj In denying the defendants' motion, the court relied on the fact that there were other investigating agents present at the meeting who could testify to what occurred during the meeting. /Type /Page /StructParents 32 /Pg 17 0 R endobj /Pg 27 0 R endobj /S /P << /CropBox [0 0 612 792] This document is available in two formats: this web page (for browsing content) and. /Pg 15 0 R /Lang (EN-US) /Lang (EN-US) /K 2 103 0 obj /Pg 45 0 R 193 0 obj << /P 12 0 R endobj Colorado Judicial Branch - Self Help - Forms - Miscellaneous General Use /S /TOCI endobj An official website of the United States government. 99 0 obj >> >> /Lang (EN-US) /P 12 0 R << endobj << by the party endobj endobj >> endobj /P 505 0 R 318 0 R null 319 0 R 123 0 R 320 0 R 123 0 R 321 0 R 123 0 R] 72 0 obj /Lang (EN-US) << /Lang (EN-US) >> endobj 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R 103 0 R 104 0 R 105 0 R 106 0 R /Pg 17 0 R /S /P /StructParents 26 /Lang (EN-US) /Lang (EN-US) /CropBox [0 0 612 792] 171 0 obj /K 23 Disqualification Motions in Texas: Don't Sit On Your Rights! Defendant's Motion at 1-3. 138 0 obj /S /P /K 15 >> << /K 25 /Pg 19 0 R /Lang (EN-US) 302 0 R null] /Pg 20 0 R /K 16 >> /Lang (EN-US) >> In this case, the defendant has failed to demonstrate a compelling need for the prosecutors' testimony or that the information sought cannot be obtained from an alternative source. /P 505 0 R >> /Pg 29 0 R >> 0000002415 00000 n /S /Reference /P 278 0 R Peters v. Dist. >> /K [42 295 0 R 44] endobj /K 5 /S /H3 << 296 0 obj /P 4 0 R /Type /Page /Lang (EN-US) 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. 66 0 obj << /K 31 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. /Pg 16 0 R 97 0 R 98 0 R 99 0 R 100 0 R 101 0 R 102 0 R 103 0 R 104 0 R 105 0 R] Background "Florida courts have held that disqualification of counsel "is an extraordinary remedy and should only be resorted to sparingly." (Manning v. Cooper (2008) 981 So.2d 668, 670 (Fla. 4th DCA 2008) (quoting Alexander v. Get Motion To Disqualify Counsel Sample Texas - US Legal Forms /Lang (EN-US) In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel. 218 0 obj /Pg 15 0 R /Pg 16 0 R /K 19 /S /H2 Attorneys should not assume that possession of mere playbook knowledge precludes disqualification. 255 0 obj /Lang (EN-US) /K 2 /S /TOCI /K 7 /P 12 0 R /Lang (EN-US) /S /H1 /S /Reference /S /TOC << 279 0 obj /P 12 0 R /S /Link /K [54 301 0 R 56] >> 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. >> /Pg 17 0 R Sharp was sent via Federal Express this day of June, 1997, to: J. endobj 63 0 obj >> >> /K 2 /P 531 0 R /Type /Page << /P 55 0 R << /Pg 18 0 R /Pg 45 0 R endobj << >> /S /P /P 12 0 R << << RESPONSE TO ORDER REGARDING APPOINTMENT, MOTION TO DISQUALIFY PRESIDING OFFICER, AND MOTION FOR A STAY PENDING RESOLUTION OF THE MOTION TO DISQUALIFY I, Adam C. Sloane, hereby state that: 1. /S /P >> /Annots [] /P 509 0 R /Lang (EN-US) >> << >> /Lang (EN-US) /Pg 17 0 R 64 0 obj Attorney Advertising. 25 0 obj /Lang (EN-US) 110 0 obj /K 14 >> << >> >> 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). /K 1 /Lang (EN-US) 84 0 obj << /P 531 0 R << /Pg 22 0 R << endobj /Pg 29 0 R 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. 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. 121 0 obj /S /P /P 12 0 R /K 7 1992)). endobj /K [34 291 0 R 36] /Lang (EN-US) /TextBox /Art << endobj /Lang (EN-US) /S /P /K 5 158 0 obj /S /P /Lang (EN-US) /Lang (EN-US) 5 0 obj >> endobj /MediaBox [0 0 612 792] /P 12 0 R endobj 116 0 obj /Pg 24 0 R /S /P /A 515 0 R /Lang (EN-US) endobj /S /P Box 30758 . >> << endobj /Lang (EN-US) << endobj endobj >> 167 0 R 168 0 R 169 0 R 170 0 R 171 0 R 172 0 R 173 0 R 174 0 R 175 0 R 176 0 R 292 0 obj /P 133 0 R When faced with a motion to disqualify, the first course of action is typically to notify the client. CV1810311PADFMX, 2020 WL 2374947 (C.D. >> /K 12 << endobj >> endobj /K 23 The Motion is Granted Without Modification This decision grants SoCalREN's motion without modification. endobj Introduction in writing. /K 13 /K 6 << /K [327 0 R 328 0 R] endobj /P 12 0 R >> 209 0 R 210 0 R 211 0 R 212 0 R 213 0 R 214 0 R 215 0 R 216 0 R 217 0 R 218 0 R See People v. Perez, 201 P.3d 1220, 1246 n.11 (Colo. 2009). /S /P >> << /Tabs /S /Parent 3 0 R 299 0 obj 60 0 obj /Lang (EN-US) /S /H1 /Lang (EN-US) << << /K 1 /P 123 0 R /S /Reference /K 13 /K [500 0 R 501 0 R 502 0 R] 12 0 obj /Strikeout /Span Rodriguez v. Dist. /K 7 242 0 obj /P 509 0 R /Annots [] Almost five years later, the Wife's former counsel filed a notice of appearance, and on December 29, 2016, almost seven years after the initial motion was filed, the Wife filed a "renewed motion to disqualify." The 2016 motion alleged not only that the Husband's attorney prepared the agreement and would be a /S /P /K 12 /Resources 371 0 R /Lang (EN-US) /K 1 /Type /Page /K 26 >> /P 530 0 R 150 0 obj /Pg 16 0 R /S /P 151 0 obj /Lang (EN-US) /Lang (EN-US) << Therefore, the defendant's Motion to Disqualify the prosecutors should be denied. /K 10 endobj >> The Motion Clerk shall enter the "Answer" or "Response" Date on the Cover Sheet. /Lang (EN-US) /Parent 7 0 R the matters involved in both representations are substantially related, and. /Contents [467 0 R 468 0 R 469 0 R] 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 0 47 0 obj 0000009504 00000 n >> >> by plaintiff Plaintiffs motion is unsupported by any applicable legal authority and is not . >> Here, two FBI agents were present during the defendant's meeting with the prosecutors and are available to testify as to what took place during the meeting. /S /P << 33 0 obj /P 531 0 R /S /P >> 304 0 obj endobj on January 7, 2002. endobj /Rotate 0 << /DropCap /Figure 263 0 obj /Pg 29 0 R 118 0 obj /Parent 7 0 R /S /P >> [ii] However, an order is final and appealable when it disqualifies a law firm which has represented a defendant during the trial from continuing its representation during an appeal, due to a conflict created when an attorney who represented the . Federal courts have the inherent power to supervise the professional conduct of attorneys appearing before the courts, which includes the authority to disqualify an attorney. 204 0 obj 139 0 obj endobj /Lang (EN-US) /Pg 22 0 R 344 0 obj /S /P /Pg 18 0 R >> /Type /Page /Pg 45 0 R /S /P /Tabs /S 35 0 obj << /Lang (EN-US) 292 0 R null 294 0 R 295 0 R 294 0 R null 296 0 R 297 0 R 296 0 R null Legal Ethics 71, 77 (Winter 2014). << Courts also appear to distinguish between conflicts based on multiple representations and those based on successive representations. /S /P /P 508 0 R >> The call did not result in an attorney-client relationship of any nature or duration between Steve Morris or his law firm and Chinois or any 4 5 6 /Pg 45 0 R /Rotate 0 /Lang (EN-US) 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.

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