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/Rotate 0 << >> endobj endobj endobj /S /P /S /P /P 12 0 R << /Rotate 0 /S /P /Pg 16 0 R /Pg 26 0 R /Lang (EN-US) /K 15 /P 508 0 R He then filed a Motion for Discovery on January 29, 2002, and a Motion for Evidentiary Hearing on February 1, 2002. /S /Link /P 55 0 R endobj %PDF-1.6 % endobj Dec. 10, 2014) (order disqualifying Jones Day), assets.law360news.com/ 0606000/606910/Celgard-LGC%20Order%20disqualifying%20 Jones%20Day.pdf. >> Conflict violations are not always the focal point for resolution of a motion to disqualify. endobj 72 0 obj /Lang (EN-US) endobj /Tabs /S >> /Pg 44 0 R endobj /K 2 /S /P /Outline /Span /K 30 /P 12 0 R << 302 0 R null] /Length 532 0 R /Contents [437 0 R 438 0 R 439 0 R] << endobj Mark White, Esq. >> << Turn in your completed forms by mail or efiling. His Application was transferred to the Court of Criminal Appeals on February 22, 2002. /K 0 See. /K 40 /K [16 518 0 R] 165 0 obj >> 0000001952 00000 n 157 0 R 158 0 R 159 0 R 160 0 R 161 0 R 162 0 R 163 0 R 164 0 R 165 0 R 166 0 R The Texas Supreme Court held that disqualification was proper, reasoning /StructParents 16 by plaintiff Plaintiffs motion is unsupported by any applicable legal authority and is not . /Lang (EN-US) << /S /P /Type /Page /K 5 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. /K 5 >> 191 0 R] /Pg 19 0 R /K 9 /S /P endobj endobj /Lang (EN-US) /S /P /S /P endobj /P 12 0 R 243 0 R 244 0 R 245 0 R 246 0 R 247 0 R 248 0 R 249 0 R 250 0 R 251 0 R 252 0 R >> endobj 293 0 obj /S /TOCI 12 [115 0 R 116 0 R 117 0 R] /P 12 0 R /K 0 358 0 obj << endobj /Resources 456 0 R /Pg 44 0 R /K 1 /S /P << /K 2 0000002614 00000 n endobj /S /Link 257 0 obj 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. /Annots [] << 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). /K 0 All Responses to Motions and Answers to Petitions must be filed with the Office of Judicial Records and submitted to the Motion Clerk on or before the Response Date. >> << /Pg 15 0 R /P 12 0 R endstream endobj 234 0 obj <. /Pg 27 0 R << /S /Link << 145 0 obj /S /P << /Pg 17 0 R /K 2 /Pg 44 0 R >> /StructParents 10 endobj /StructParents 12 /K 2 As far as I can tell, Mary Ann Strickler, is still a licensed and practicing attorney. /Pg 16 0 R << /Resources 383 0 R /S /P >> 266 0 obj <>stream >> 143 0 obj /P 286 0 R Sharp ("Defendant's Motion"). /Pg 15 0 R endobj 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. /K 0 endobj /S /P /K 15 /Pg 17 0 R /Pg 44 0 R /P 12 0 R /S /P 106 0 obj Mealey's (February 27, 2023, 2:08 PM EST) -- WHEELING, W.Va. A federal judge in West Virginia denied a hydraulic fracturing company's second attempt to disqualify the counsel for landowners in a dispute over abandoned wells, ruling that there is no ethical violation on the part of the fracking operator's former employee Bryan "Wayne . /Pg 16 0 R /Parent 11 0 R /Pg 45 0 R hb```e``Z B@1V ,$pyLqLY TZ Rktz xp;9FjeNA @+U}`D a IsA b1 5g1160g\ $]/4OWuu/Nbbpy*+# @q@l ==*FK = endobj at 391. /Lang (EN-US) /P 531 0 R /P 12 0 R 237 0 obj << /Lang (EN-US) 288 0 R 289 0 R 288 0 R null 290 0 R 291 0 R 290 0 R null 292 0 R 293 0 R The best way to deal with motions to disqualify is to prevent them. endobj endobj << /Type /Pages >> Therefore, the defendant's Motion to Disqualify the prosecutors should be denied. /Type /Pages /S /P << /P 12 0 R >> endobj << endobj << << 22 0 obj endobj /S /TOCI /Pg 17 0 R Among our firm's growing practice areas is litigation where one party files a motion seeking to disqualify another party's lawyers. /K 37 << /MediaBox [0 0 612 792] 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). << Terre Du Lac Property Owners' Ass'n, Inc. v. Shrum, 661 S.W.2d 45, 48 (Mo. 0000001974 00000 n 233 0 obj >> << /S /P /P 529 0 R /Pg 20 0 R >> endobj /P 528 0 R endobj unless the client consents after disclosure to the . 125 0 obj 24 0 obj << /K 21 /Pg 45 0 R endobj /P 124 0 R In 3/19, C.H. /P 12 0 R Defendant's Motion at 1. /P 12 0 R /Lang (EN-US) /Annots [423 0 R 424 0 R] /S /Link 299 0 obj /S /P /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) 253 0 obj /Pg 22 0 R endobj /P 12 0 R /P 164 0 R /Lang (EN-US) /Length 533 0 R 86 0 obj You will now be taken from the global Dentons website to the $redirectingsite website. /Pg 32 0 R >> << 81 0 R 314 0 R 81 0 R 82 0 R 83 0 R] /Lang (EN-US) /S /Link endobj << << << /Diagram /Figure endobj 244 0 obj 105 0 obj /A 524 0 R /Lang (EN-US) << << After this hearing, M retained counsel (C.H.). >> << /Annots [] /Lang (EN-US) %PDF-1.6 /Resources 379 0 R << /Lang (EN-US) /P 505 0 R >> /S /P You can find 3 available options; typing, drawing, or capturing one. << << /Parent 3 0 R /K 2 /K 0 20 [142 0 R 143 0 R] /S /TOCI >> /S /P << /Contents [380 0 R 381 0 R 382 0 R] /Pg 16 0 R /Pg 27 0 R In addition, if the motion is made by a former client, attorneys should consider providing notice of a potential circumstance to their legal malpractice insurer. /Pg 22 0 R /K 8 /K 20 /Parent 7 0 R However, disqualification is a harsh measure. /Lang (EN-US) /S /P << << /CropBox [0 0 612 792] /P 12 0 R If you are not already a client of Dentons, please do not send us any confidential information. /CropBox [0 0 612 792] /Pg 25 0 R >> 173 0 obj 330 0 R 162 0 R] << 1 0 obj 177 0 obj /K 12 /Pg 32 0 R >> /K 6 Rule 2.330 (e). endobj /Lang (EN-US) << /P 12 0 R /K 27 35 0 obj /K 9 /S /P 0000008829 00000 n /K [5 512 0 R] /Resources 486 0 R /K 1 /Lang (EN-US) endobj /Lang (EN-US) /Pg 45 0 R /Annots [] >> << Further, we cannot advise the asker as to what to do during an upcoming appearance in court. /P 12 0 R >> >> << Ct. App . /Lang (EN-US) >> 99 0 obj Colo. RPC 1.9 does not define a substantially related matter,. /K 0 endobj /ParentTreeNextKey 43 /S /P >> 131 0 obj endobj Include the date to the template with the Date option. >> >> << 13 0 obj << T/CT stated that the motion was "'almost by definition untimely under these circumstances.'" C.H. endobj >> >> 602. /S /P /MediaBox [0 0 612 792] /K [6 323 0 R 8] >> << One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. /PageLayout /OneColumn /Type /Page /P 12 0 R endobj /K 1 /K 2 endobj /Pg 17 0 R /K 9 /Pg 15 0 R /K 23 /Pg 45 0 R >> /Lang (EN-US) 350 0 obj endobj >> White, Dunn & Booker 1200 First Alabama Bank Building Birmingham, AL 32503, Albert C. Bowen, Esq. endobj >> endobj 0000002381 00000 n 23 0 obj A .gov website belongs to an official government organization in the United States. >> /K 6 /P 306 0 R /Contents [368 0 R 369 0 R 370 0 R] 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. 164 0 obj << /P 12 0 R /S /TOCI << /S /P /K 14 222 0 obj /Pg 17 0 R As with the substantial relationship test, whether an attorneys playbook knowledge is sufficient for disqualification is heavily dependent on the facts. 153 0 obj >> /Pg 15 0 R 241 0 obj /Pg 22 0 R << /Lang (EN-US) The United States, through the undersigned attorney, hereby responds to the defendant's Motion to Disqualify Prosecutors Mark R. Rosman and Karen J. >> /K 1 1. 208 0 obj << /Pg 15 0 R endobj /P 12 0 R /K 3 endobj endobj 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. endobj /Pg 18 0 R /K 5 /S /TOCI endobj /K 2 << endobj /P 12 0 R /S /H3 << 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. << /P 529 0 R Brown v. Encompass Ins. (b) The sanction must be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated. << /P 509 0 R /Contents [483 0 R 484 0 R 485 0 R] /K 2 117 0 obj endobj /Pg 22 0 R 158 0 obj 1, WSBA Public Information on Mary Ann Strickler). First, identify and resolve potential conflicts, including both multiple and successive representations, before undertaking a representation or hiring a lateral. >> /MediaBox [0 0 612 792] /Lang (EN-US) /Lang (EN-US) /Tabs /S /S /P 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. << I am over twenty-one (21) years of age and am competent to make this affidavit. /S /P /Contents [425 0 R 426 0 R 427 0 R] /Parent 3 0 R (quoting People ex rel. << hearing. 0000013798 00000 n /Pg 28 0 R /K 1 /Lang (EN-US) /Parent 8 0 R /P 531 0 R /K 4 /K [10 279 0 R 12] endobj /S /P /S /P Disqualification motions implicate the most important duties that an attorney owes a client: the duties of confidentiality and loyalty. /Pg 16 0 R We are hired both to file and pursue disqualification, and to represent lawyers in resisting disqualification. endobj /Lang (EN-US) /Lang (EN-US) >> /P 508 0 R endobj /P 509 0 R /Pg 15 0 R << /Rotate 0 /Tabs /S >> endobj 195 0 obj /K 1 /Lang (EN-US) /Pg 26 0 R >> << /Lang (EN-US) Attorneys should be aware, however, that clients can make a successful case for disqualifying attorneys who had a greatly invested role with the organizational client or where the playbook knowledge is uniquely and particularly relevant to the new representation. >> >> /Lang (EN-US) endobj /Lang (EN-US) endobj 93 0 obj << /Parent 10 0 R << 108 0 obj /Pg 41 0 R /S /P << /Parent 9 0 R 213 0 obj 31 0 obj /P 56 0 R /P 12 0 R /P 12 0 R /Lang (EN-US) /P 4 0 R /Pg 16 0 R 97 0 obj 1857 0 obj <>stream 52 0 obj /Pg 20 0 R /P 302 0 R /P 531 0 R /Pg 22 0 R /Lang (EN-US) endobj << >> /CropBox [0 0 612 792] /Underline /Span /P 508 0 R /S /P /K 4 /Pg 15 0 R 88 0 obj In addition, if the motion is made by a former client, attorneys should consider providing notice of a potential circumstance to their legal malpractice insurer. /Pg 16 0 R /K 2 197 0 R 198 0 R 199 0 R 200 0 R 201 0 R 202 0 R] /Pg 19 0 R /P 12 0 R >> 104 0 obj /CropBox [0 0 612 792] v. Archer-Daniels-Midland Co., No. /Resources 436 0 R >> /Tabs /S >> /S /H1 << Attorney Mulcahey's representation of [Appellant] ended almost four years ago. /K 16 /K 23 << 212 0 obj 286 0 obj 147 0 obj /P 12 0 R /Pg 20 0 R /Type /Page 10 0 obj /Lang (EN-US) Here, Tenorio complied with LR 7-2(g) by filing a motion for leave to file supplemental authorities rather than filing a notice of supplemental authorities. /K 36 See People ex rel. /Pg 25 0 R Mar. endobj /P 508 0 R << Id. << The State filed a response to the motion, see id. << /Type /Page /K 3 endobj /K 0 /K 1 /S /P All rights reserved. /K [12 521 0 R] /Lang (EN-US) 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. /P 531 0 R /Tabs /S 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. /K [42 295 0 R 44] endobj endobj endobj /P 12 0 R /S /P 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 endobj Ensure that the info you add to the Motion To Disqualify Counsel Sample Texas is up-to-date and accurate. << /S /P /Lang (EN-US) >> /P 507 0 R /Pg 15 0 R /K 43 /Lang (EN-US) 78 0 obj 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.. /P 12 0 R << /Lang (EN-US) >> /P 505 0 R >> /Resources 470 0 R /S /P For the reasons that follow, the two motions to disqualify are denied, and the motion to strike is granted in part and denied in part. 11. /S /P /Lang (EN-US) /Pg 21 0 R /K 2 /S /P /Pg 22 0 R >> /Lang (EN-US) /Lang (EN-US) endobj /S /P /CropBox [0 0 612 792] /K 0 /Lang (EN-US) 17 0 obj Mr. << /Pg 15 0 R /S /P Conflict violations are not always the focal point for resolution of a motion to disqualify. /S /P /S /TOCI << /S /P /MediaBox [0 0 612 792] 146 0 obj /Parent 6 0 R /S /Reference 21 0 obj 175 0 obj /Type /Page /S /H1 /P 12 0 R /Kids [6 0 R 7 0 R 8 0 R 9 0 R 10 0 R 11 0 R] >> /StructParents 8 RESPONSE TO SOME SPECIFIC CLAIMS OF IMPROPRIETY IN THE MOTION TO DISQUALIFY (1) THE CLAIM: Special Counsel breached confidentiality by allowing a DMS employee to be present for sworn testimony of numerous witnesses. /K 13 /S /P /S /P /Filter /FlateDecode /Lang (EN-US) Litigation and Dispute Resolution in the UnitedStates, Four Things to Know About Motions to Disqualify. /CropBox [0 0 612 792] /Lang (EN-US) 310 0 obj >> /K 3 >> 283 0 obj /P 55 0 R >> /Contents [408 0 R 409 0 R 410 0 R] /Pg 16 0 R See Livingston v. 0 << /Pg 23 0 R /Parent 6 0 R /K 3 /Lang (EN-US) /Pg 26 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"). RESPONSE to Motion re 31 MOTION to Disqualify Counsel filed by Xcentric Ventures, LLC(an Arizona Corporation), Ed Magedson(an individual). /P 531 0 R << endobj /Pg 29 0 R /S /P /Pg 42 0 R /S /P Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. /Pg 28 0 R /S /P /Tabs /S endobj endobj /P 12 0 R << << 326 0 obj endobj 181 0 obj >> endobj >> are satisfied. /Lang (EN-US) /Lang (EN-US) >> >> at 241-47 . >> /K 1 << << endobj /Lang (EN-US) /Lang (EN-US) /K 7 >> endobj endobj /P 531 0 R An attorney for Louis Angelos had sought to disqualify Rosenberg, citing his "animus" against Peter Angelos' law firm, which is among the assets whose fate is in dispute within the family . /S /P 338 0 obj endobj /Tabs /S endobj >> /K 3 /K 3 /CropBox [0 0 612 792] /Pg 31 0 R /Pg 28 0 R Ins. endobj /K [8 525 0 R] /S /P /Pg 16 0 R 0000002515 00000 n endobj /K 0 << 77 0 obj Where witnesses other than the prosecutor can testify to the same matters or conversations, no compelling need exists." /Count 7 /K 39 << 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 3.7." Venters, 293 Kan. at 103. Deposit Ins. /P 12 0 R 77 0 R 78 0 R 79 0 R 80 0 R 81 0 R 82 0 R 83 0 R 84 0 R 85 0 R 86 0 R /S /P 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. /P 276 0 R 739, 744 (S.D.N.Y. /Rotate 0 and Cynthia J. Presley (Presley). << Ct., 704 P.2d 851, 853 (Colo. 1985)). endobj /K [10 314 0 R 12] /Pg 37 0 R /P 300 0 R >> An oral motion on the record, by an attorney of record, IS a formal motion, even if not accepted and demanded by the court to be submitted in writing. >> 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. On the contrary, a defendant must demonstrate a compelling and legitimate need to do so. >> /Lang (EN-US) endobj As the prosecutors have no personal knowledge of the events prior to their meeting with the defendant, they are not material witnesses to those events and should not be called to testify. gdYBC;:::@Jht Mkhml$Y*$&\@$#m ` D*e d!$4RLd` /K 32 129 0 obj /S /P /K 2 endobj Legal Standards. 107 0 obj << << /TextBox /Art /Lang (EN-US) /Lang (EN-US) endobj /Lang (EN-US) /S /P << /S /P >> >> << /S /P 46 0 obj /Annots [] endobj 96 0 obj /K [50 299 0 R 52] /S /Reference /K [38 293 0 R 40] /P 12 0 R The Motion was filed by Michael R. Presley, Esq. The conflict is imputed to everyone in the law firm, and most certainly the firm will require more than one week to respond to the motion to disqualify. << 2023 Dentons. /P 509 0 R 10-0101 San Francisco, CA 94102-3478 (415) 436-6660 (415) 436-6683 (Fax) Attorneys for Plaintiff the United States of America Also filed on behalf of 10 Plaintiff States (See signature block) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION endobj /Lang (EN-US) >> >> /P 12 0 R /P 506 0 R /Lang (EN-US) 0000004058 00000 n endobj _______________/s/_______________ MARK R. ROSMAN Attorney-in-Charge Florida State Bar No. /Lang (EN-US) 61 0 obj << endobj /S /P /Type /Page 0000008092 00000 n /S /P << /P 12 0 R /P 12 0 R Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. /Lang (EN-US) >> /S /P >> << /MediaBox [0 0 612 792] 191 0 obj 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. endobj /Tabs /S endobj 278 0 obj The instant motion was filed eleven days after all the testimony had been taken and five days after the judge had announced his ruling. /CropBox [0 0 612 792] /Lang (EN-US) >> /K 2 >> >> << /S /P 31 [177 0 R 178 0 R 179 0 R] /Annots [] /P 12 0 R endobj Defendant's Motion at 1-3. You are responsible for serving the other party with a copy of your filed forms, usually by mail or e-service. In Sacramento, the . >> /Lang (EN-US) /Lang (EN-US) 193 0 obj endobj << /MediaBox [0 0 612 792] /Type /Page /K 11 >> /S /P 316 0 obj 7. /K 2 228 0 obj /K [30 289 0 R 32] /P 12 0 R Courts differ on how they address motions to disqualify, especially because such motions are at times simply a litigation tactic by an opposing party in search of a strategic advantage.3 Additionally, courts are usually reluctant to interfere with a clients choice of counsel unless the conflict is real and there are few options other than to grant disqualification.4. /Rotate 0 /Tabs /S /K [322 0 R 324 0 R] /MediaBox [0 0 612 792] /Lang (EN-US) 205 0 obj /S /P This motion to disqualify is based on a single and brief telephone call in October 2007 for which there is neither a record nor an estimate of duration by Chinois counsel. /P 508 0 R /CropBox [0 0 612 792] >> << Official websites use .gov My name is Adam C. Sloane. /Count 5 >> /Annots [] /StructParents 27 37 0 obj /P 55 0 R endobj /Lang (EN-US) /K [2 275 0 R 4] 19 0 obj /P 530 0 R /S /P /Lang (EN-US) /K 0 << The motion is legally sufficient if it shows the party's well-grounded fear that the party will not receive a fair trial. 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 271 0 obj /Pg 37 0 R endobj /P 12 0 R << /K 1 /P 506 0 R /Pg 16 0 R /Parent 6 0 R endobj Following this, they have two options - either to transfer the case to another judge immediately or to file a written answer with the clerk. 3. << 360 0 obj << /Lang (EN-US) endobj 43 0 obj /Pg 24 0 R << >> /S /P >> /P 12 0 R 87 0 obj 291 0 obj << /S /P /K 1 >> /P 531 0 R /Lang (EN-US) << endobj << /K 16 /S /H3 specifies the date, time, and location where the hearing will take place, spells out what the party is requesting, and gives a . 346 0 obj /Pg 44 0 R 313 0 obj /Annots [] << /MediaBox [0 0 612 792] /Pg 15 0 R /K 12 0 R >> You cannot start a case by filing a motion. << endobj 363 0 obj 332 0 obj /Lang (EN-US) Please do not message me here on Avvo. 297 0 obj 156 0 obj /Pg 15 0 R /S /P hb```c``X8c*}"3=O62ke'\9(8b /Rotate 0 endobj /Pg 20 0 R >> endobj 304 0 obj /S /P 144 0 obj /S /P x+ | endobj 47 0 obj /S /P >> /S /P These motions are becoming ever more common. When faced with a motion to disqualify, the first course of action is typically to notify the client. /K [6 277 0 R 8] /P 12 0 R << /K 1 As the motion describes, the purpose of the Compensation Pilot is to address a financial >> 152 0 obj /S /P /K 10 36 319 0 R 37 320 0 R 38 321 0 R 39 325 0 R /P 55 0 R /Contents [441 0 R 442 0 R 443 0 R] >> endobj Co. of Am., No. endobj /Lang (EN-US) /Pg 17 0 R /K 0 >> /Tabs /S >> >> /K 5 /S /P /Type /Page << /S /P /Pg 46 0 R /K 12 >> /Lang (EN-US) endobj /S /P 0000006588 00000 n /Tabs /S endobj The attorney may know the clients bottom line for settlement or how the client prefers to approach litigation. While the government takes exception to the defendant's statement of "facts" in his Motion, it is evident that neither prosecutor Rosman nor Sharp was a witness to any events that occurred on June 21, 1995, before they met with the defendant. 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. >> 16.21 et seq. /P 298 0 R >> 1985) (finding defendant had a compelling need for prosecutor's testimony when that testimony was the only source of vital evidence). >> 359 0 obj >> 254 0 obj >> >> endobj >> /P 531 0 R >> 115 0 obj /Lang (EN-US) Petitioners' Pro Se Emergency Motion to Disqualify Counsel for Defendants Doug Smith and CPP. /P 132 0 R 0000006276 00000 n /K 2 endobj /K 2 79 0 obj /Pg 45 0 R endobj /S /P 285 0 obj << 0000009454 00000 n << /S /P /K 11 /StructParents 13 /Parent 3 0 R /S /Reference endobj Response to Motion to Disqualify, 8/14/17, at 10. /S /P endobj /Pg 15 0 R /S /P << NME's motion was based on the confidences that it had imparted to the attorney in the prior representation under a joint defense agreement. endobj endobj /S /H2 /P 12 0 R His argument is self-defeating. 36 0 obj endobj 71 0 obj endobj A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. /Lang (EN-US) /CropBox [0 0 612 792] /A 522 0 R /S /P endobj endobj /CropBox [0 0 612 792] /S /P /S /TOCI /S /H2 /Pg 22 0 R >> /Tabs /S /P 509 0 R /S /P Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty. endobj /Pg 16 0 R filed a motion to disqualify the judge under CCP 170.1 [challenge of trial judge for cause] based on purported bias that the judge demonstrated during the first. endobj /Pg 33 0 R /Pg 19 0 R >> << /P 505 0 R endobj 49 0 obj /Pg 16 0 R /StructParents 28 /Pg 20 0 R /Tabs /S /Pg 27 0 R 92 0 obj 330 0 obj endobj 292 0 R null 294 0 R 295 0 R 294 0 R null 296 0 R 297 0 R 296 0 R null /K 1 /CropBox [0 0 612 792] >> /S /Footnote /DropCap /Figure 174 0 obj << /Pg 45 0 R endobj /MediaBox [0 0 612 792] This comment makes clear that attorneys are permitted, under some circumstances, to engage in representations that are adverse to a former client. >> endobj /K [304 0 R 306 0 R 308 0 R 310 0 R 312 0 R] 11 0 obj 11 [110 0 R 111 0 R 112 0 R 113 0 R 114 0 R] /Lang (EN-US) /S /P << /Pg 17 0 R /Pg 15 0 R /StructParents 21 /K 26 /K 33 /K 10 << /K 8 739, 743-44 (S.D.N.Y. 161 0 obj /S /P /Pg 15 0 R /Lang (EN-US) endobj /K 16 /Pg 17 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. endobj /P 12 0 R /Resources 440 0 R /Pg 16 0 R /P 123 0 R /Subscript /Span << /A 517 0 R 128 0 obj >> /StructParents 9 /Lang (EN-US) /Lang (EN-US) endobj endobj >> /P 124 0 R /K 3 /S /P /Pg 46 0 R endobj /Kids [20 0 R 21 0 R 22 0 R 23 0 R 24 0 R] 294 0 R 296 0 R 298 0 R 300 0 R 302 0 R] >> /MediaBox [0 0 612 792] 1 /. endobj endobj /K 5 /MediaBox [0 0 612 792] 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. /Pg 15 0 R /K 7 /Pg 29 0 R << /Lang (EN-US) << /K 13 /S /P /P 290 0 R >> << endobj /Lang (EN-US) /Lang (EN-US) << /S /P endobj /K [327 0 R 328 0 R] /S /P /S /P /S /H1 /StructParents 14 endobj and specifically allege the facts and reasons relied on to show the grounds for disqualification and shall be sworn to . A Judge should disqualify himself or herself in a proceeding where he or she: Has a personal bias or prejudice concerning a party; . . /Lang (EN-US) >> 51 0 obj Notice of Motion and Motion. /StructParents 34 >> << << endobj 178 0 obj /S /P /CropBox [0 0 612 792] /K 1 /Lang (EN-US) /Lang (EN-US) >> These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 342 0 obj /P 12 0 R << /S /P /K 11 /Lang (EN-US) endobj endobj /Pg 45 0 R /Lang (EN-US) /Pg 22 0 R Courts also appear to distinguish between conflicts based on multiple representations and those based on successive representations. /Pg 16 0 R /StructParents 1 << Once a motion to disqualify the judge in question has been filed, the judge will be served a copy of the affidavit. /Rotate 0 /S /P Here, as in Brothers, the defendant has other sources of evidence available, namely two FBI agents, that must be exhausted before the prosecutors are called as witnesses. /Pg 45 0 R SHARP The United States, through the undersigned attorney, hereby responds to the defendant's Motion to Disqualify Prosecutors Mark R. Rosman and Karen J. Shari, 204 P.3d at 460-62. << /S /Reference /S /P >> /Lang (EN-US) << /Lang (EN-US) endobj endobj Depending on the circumstances, a law firm may also consider reporting the motion to its legal malpractice insurer, as a motion to disqualify may be a precursor to a bar grievance or a legal malpractice claim.