response to motion to disqualify attorney

/P 508 0 R endobj << << /Annots [] Among our firm's growing practice areas is litigation where one party files a motion seeking to disqualify another party's lawyers. /Parent 6 0 R endobj /Type /Page /Annots [] /Pg 15 0 R 118 0 obj Spotlight on Ethics: Recent Disqualification Cases /Parent 10 0 R Dec. 18, 2014) (denying motion for summary judgment on issue of whether Hunton & Williams should be disqualified in underlying arbitration), assets.law360news.com/ 0580000/580691/Memorandum%20and%20Order.pdf; Defendant and Counterclaimant Tate & Lyle Ingredients Americas LLCs Notice of Motion and Motion to Disqualify Squire Patton Boggs (US) LLP; Memorandum of Points and Authorities in Support Thereof, Western Sugar Coop. 176 0 obj /Lang (EN-US) 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 /P 315 0 R As far as I can tell, Mary Ann Strickler, is still a licensed and practicing attorney. /CropBox [0 0 612 792] << /K 8 /Lang (EN-US) endobj /Type /Page /S /TOCI /P 12 0 R /P 12 0 R 0000006483 00000 n /Tabs /S /P 12 0 R /P 12 0 R /Strikeout /Span /P 508 0 R /Lang (EN-US) /S /Footnote /Contents [437 0 R 438 0 R 439 0 R] << /Lang (EN-US) << /P 12 0 R /K 3 /Lang (EN-US) The Motion is Granted Without Modification This decision grants SoCalREN's motion without modification. Attorney Advertising. << >> endobj /S /P >> /K 20 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) According to the Colorado Supreme Court, however, a court may not disqualify counsel on the basis of speculation or conjecture.6 The moving partys burden for a motion to disqualify is satisfied only when the motion to disqualify sets forth specific facts that point to a clear danger that either prejudices counsels client or his adversary.7. /Pg 38 0 R /Resources 474 0 R /Pg 22 0 R /K 0 << /Pg 29 0 R endobj 274 0 obj << /P 12 0 R << 117 0 R 118 0 R 119 0 R 120 0 R 121 0 R 122 0 R 123 0 R 124 0 R 125 0 R 126 0 R On the contrary, a defendant must demonstrate a compelling and legitimate need to do so. /K [304 0 R 306 0 R 308 0 R 310 0 R 312 0 R] >> 12. endobj 69 0 obj << A Judge should disqualify himself or herself in a proceeding where he or she: Has a personal bias or prejudice concerning a party; . According to the Colorado Supreme Court, however, a court may not disqualify counsel on the basis of speculation or conjecture.. 343 0 obj As noted, this order addresses . Plaintiffs' Memorandum in Opposition to Defendant's Motion to Exclude >> 345 0 obj >> endobj 236 0 obj /K 0 Petitioner also filed a pretrial motion seeking to disqualify the Broward County State Attorney's Office from prosecuting him and asking the court to dismiss the indictment due to prosecutorial misconduct. /Tabs /S << >> /P 12 0 R /Resources 391 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 Motions - Utah Courts /Pg 17 0 R /Lang (EN-US) /Pg 34 0 R /Pg 15 0 R /Lang (EN-US) >> For the reasons stated below, Petitioner's Motion to Disqualify Counsel . >> /Rotate 0 /P 12 0 R >> >> /CropBox [0 0 612 792] /K 1 /K 4 Once a motion to disqualify the judge in question has been filed, the judge will be served a copy of the affidavit. /S /P >> 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. 51 0 obj /StructParents 11 >> >> J. 10 0 obj /Contents [433 0 R 434 0 R 435 0 R] Rule 2.330 (e). << Opposing a Motion Filed Against You - Family Law Self-Help Center /Lang (EN-US) and specifically allege the facts and reasons relied on to show the grounds for disqualification and shall be sworn to . 203 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. /MediaBox [0 0 612 792] endobj /P 12 0 R /CropBox [0 0 612 792] 207 0 obj /P 124 0 R Motion to Disqualify an Attorney in Florida What Is a Motion to Disqualify an Attorney? /Pg 28 0 R /P 12 0 R /Rotate 0 /Lang (EN-US) 98 0 obj /Kids [15 0 R 16 0 R 17 0 R 18 0 R 19 0 R] << /P 12 0 R /S /P /Type /Page /Contents [425 0 R 426 0 R 427 0 R] /K 12 /CropBox [0 0 612 792] CV1810311PADFMX, 2020 WL 2374947 (C.D. /Lang (EN-US) /P 12 0 R >> PDF Franklin Circuit Court Division I Case No. 18-ci-379 Electronically Filed 309 0 obj /K 4 unless the client consents after disclosure to the . /Pg 18 0 R /P 508 0 R /Annots [] Shari, 204 P.3d at 460-62. 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 >> /P 12 0 R 0000006178 00000 n 61 0 obj /Lang (EN-US) /MediaBox [0 0 612 792] endobj << /Lang (EN-US) /P 133 0 R /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. 153 0 obj /Tabs /S 128 0 obj /Contents [463 0 R 464 0 R 465 0 R] /S /P /S /P /K [6 277 0 R 8] 25 0 obj >> /S /P 1985) (finding defendant had a compelling need for prosecutor's testimony when that testimony was the only source of vital evidence). 101 0 obj /Pg 16 0 R /S /P 229 0 obj /Pg 17 0 R /S /Link 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. /Pg 16 0 R << /Lang (EN-US) endobj /S /P /K 11 The Disqualification of Attorneys | New York Law Journal endobj /Lang (EN-US) endobj /PageLayout /OneColumn /S /P /Pg 17 0 R /S /P /K [46 297 0 R 48] As another court has observed "[t]he law does not liberally permit a defendant to call a prosecutor as a witness. /K 3 endobj /P 290 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. endobj >> /P 506 0 R /Rotate 0 147 0 R 148 0 R 149 0 R 150 0 R 151 0 R 152 0 R 153 0 R 154 0 R 155 0 R 156 0 R 266 0 obj <>stream >> 355 0 R 356 0 R 357 0 R 358 0 R 359 0 R 360 0 R 361 0 R 362 0 R 363 0 R 190 0 R 1, WSBA Public Information on Mary Ann Strickler). >> << endobj 224 0 obj 355 0 obj /Pg 17 0 R << /Lang (EN-US) 6 313 0 R 7 314 0 R 8 [84 0 R 85 0 R 86 0 R] /Type /Page endobj /Annots [] /Lang (EN-US) >> >> /K 5 [18 -1] at 19. /P 530 0 R But lawyers should use that weapon rarely and should resist the temptation, or a client's importuning, to . << 602. /Pg 29 0 R endobj /K 6 /P 12 0 R /K 3 68 0 R 69 0 R 70 0 R 71 0 R 72 0 R] /K [12 521 0 R] /S /P /S /P >> /Pg 16 0 R the entire judicial process' when deciding a motion to disqualify an attorney pursuant to K.R.P.C. endobj << << 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. /S /P /Pg 35 0 R endobj /Lang (EN-US) 283 0 obj /Lang (EN-US) /Lang (EN-US) >> <>stream << /Pg 21 0 R /Lang (EN-US) 82 0 obj /Pg 38 0 R endobj >> 199 0 obj 211 0 obj /K 14 /Lang (EN-US) >> /K 4 /S /Link UNITED STATES' RESPONSE TO DEFENDANT'S MOTION TO DISQUALIFY PROSECUTORS MARK R. ROSMAN AND KAREN J. /K [315 0 R 317 0 R 318 0 R] << /K 18 endobj endobj See People v. Perez, 201 P.3d 1220, 1246 n.11 (Colo. 2009). << hb```c``X8c*}"3=O62ke'\9(8b /Lang (EN-US) << /Lang (EN-US) 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 /K 2 >> 0000005497 00000 n >> /Lang (EN-US) /Tabs /S >> Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. /Lang (EN-US) endobj endobj The Motion was filed by Michael R. Presley, Esq. /P 163 0 R /Lang (EN-US) /K 23 endobj /Lang (EN-US) << Introduction /StructParents 24 /Contents [441 0 R 442 0 R 443 0 R] endobj endobj endobj /A 513 0 R /Pg 45 0 R /Lang (EN-US) 0000008931 00000 n >> /Pg 16 0 R endobj endobj /Count 5 << endobj endobj /P 12 0 R /P 12 0 R /P 12 0 R 266 0 obj RESPONSE to Motion re 31 MOTION to Disqualify Counsel filed by Xcentric Ventures, LLC(an Arizona Corporation), Ed Magedson(an individual). 155 0 obj /Annotation /Span >> << /S /P /Pg 15 0 R /Pg 17 0 R endobj 159 0 obj /K 3 /P 12 0 R /P 12 0 R Rule 8.54. >> We are hired both to file and pursue disqualification, and to represent lawyers in resisting disqualification. /Lang (EN-US) The attorney appointed to represent Orioles owner Peter Angelos in his family's fight over his fortune has rejected a move to disqualify him from the case, calling allegations that he has . /MediaBox [0 0 612 792] endobj /Lang (EN-US) << << /P 12 0 R >> /K 11 /Diagram /Figure 294 0 obj 87 0 R 88 0 R 89 0 R 90 0 R 91 0 R 92 0 R 93 0 R 94 0 R 95 0 R 96 0 R /K 22 317 0 obj /S /P Peters v. Dist. Id. /S /P >> /Tabs /S /P 529 0 R << PDF Greenberg traurig opposition to motion to disqualify 252 0 obj << /S /TOCI >> RESPONSE TO MOTION TO DISQUALIFY ATTORNEY DREW MAZZEO By: Drew Mazzeo Bauer Pitman Snyder Huff Lifetime Legal, PLLC 1235 4th Ave E #200 Olympia, WA 98506 (360) 754-1976 dpm@lifetime.legal Attorney for Petitioner FILED SUPREME COURT STATE OF WASHINGTON 1012212019 8 :00 AM BY SUSAN L. CARLSON CLERK << << << /K 11 /P 505 0 R << As the motion describes, the purpose of the Compensation Pilot is to address a financial . /Pg 17 0 R >> xref << /K 39 /Lang (EN-US) /P 12 0 R /S /P >> /K 12 /K 19 >> /S /Link 363 0 obj Petitioners' Pro Se Emergency Motion to Disqualify Counsel for Defendants Doug Smith and CPP. /K 30 >> A motion is usually made in writing. /Lang (EN-US) /K 2 /P 12 0 R /K [0 325 0 R 13] /K 31 /S /P << 2014-1675 (Fed.Cir. >> /StructTreeRoot 4 0 R /K 1 Where a conflict exists, an effective written consent is the best defense to a motion to disqualify. endobj << /CropBox [0 0 612 792] 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. /Pg 27 0 R Prohibition is used as the justification for allowing judges to rule on their own motions to disqualify, as attorneys are given another means to have a judge disqualified. /P 506 0 R 253 0 obj 83 0 obj 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 << /Underline /Span >> /P 506 0 R /Rotate 0 >> >> 141 0 obj Upon consideration of the defendant's Motion to Disqualify Prosecutors Mark R. Rosman and Karen J. <> /P 12 0 R << >> /K 0 << /Lang (EN-US) /S /P 24 [156 0 R 157 0 R] endobj File the forms. /Pg 39 0 R /MediaBox [0 0 612 792] /P 12 0 R /S /Reference 361 0 obj motion was pending, Bikkani fil ed his third motion to disqualify attorney Fitzsimmons, along with a request that the trial court "disbar" him.