/Pg 41 0 R << /MediaBox [0 0 612 792] /P 12 0 R << >> /S /P >> /Parent 8 0 R 338 0 obj /P 12 0 R endobj 87 0 obj /Pg 22 0 R 82 0 obj /K 15 endobj /K [18 283 0 R 20] << /K 32 endobj 172 0 obj >> These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. >> /S /P The State filed a response to the motion, see id. << endobj /S /P 14 0 obj Attorneys understandably may feel apprehensive about the threat of a motion to disqualify, given the potential risk and loss of work. endobj endobj 328 0 obj >> >> /P 531 0 R 303 0 obj /K 0 >> >> /Lang (EN-US) /Lang (EN-US) /S /Reference 41 0 obj << %PDF-1.6 % /Lang (EN-US) h[o\{ C@9\`d-X" ?[]&5>fR*UVSO?>|/qnou':._^:WZ.Z.Fw7w/>{_?xw?>G}N/_>}}z>xVp~/zOy_}xwMQm|_}{}?^~'v>'_]/Fkum-i^iz]:JZ_^_^_^_^_^_Y_Y_Y_Yu|]u|}u_5wuRWmVmVmV:C:C:P:~ /]2Vcu9Vcu9Vcu9.X][oW2WWsu5WWs\>rt=9u8Zk[s~VWZNNNNNNiuuu~m^|])^)^)^yuNNNNZuu&?:wmO]$uMuM7~vz?u=uHs[P;?D[R;of}f[oCchO\o^=7o?]N+B/r^No~{>#n?'_~xp@x."Zyc4k4&omcVmnX:5oM[iKfz&lrQ,eM,~e? /Pg 44 0 R /Rotate 0 /Resources 462 0 R /S /P /Pg 45 0 R /Pg 37 0 R /Lang (EN-US) /StructParents 23 hb```e``Z B@1V ,$pyLqLY TZ Rktz xp;9FjeNA @+U}`D a IsA b1 5g1160g\ $]/4OWuu/Nbbpy*+# @q@l ==*FK = >> /S /P << /Resources 411 0 R /K 1 /CropBox [0 0 612 792] >> /Rotate 0 /S /P /K 10 /K 3 /StructParents 9 /K 2 /K 17 endobj endobj << /Lang (EN-US) << 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. endobj << Defendant Brian Frost submits this response in opposition to the Motion to Disqualify filed. 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. specifies the date, time, and location where the hearing will take place, spells out what the party is requesting, and gives a . endobj /S /P endobj /S /P /Pg 44 0 R /Contents [368 0 R 369 0 R 370 0 R] >> 301 0 obj 8 0 obj >> /CropBox [0 0 612 792] Frosh, Attorney General of Maryland, and Carrie J. Williams, Assistant Attorney General, pursuant to this Court's October 12, 2022 order, hereby responds to Mr. Syed's motion to disqualify the Office of the Attorney General as counsel for the State of Maryland or strike the State as a party to the appeal and states as follows: I. /P 508 0 R 288 0 obj endobj /S /P << /S /P /P 12 0 R /Lang (EN-US) /Lang (EN-US) Where witnesses other than the prosecutor can testify to the same matters or conversations, no compelling need exists." >> /Pg 16 0 R >> /Pg 16 0 R >> >> /P 531 0 R /P 56 0 R /Type /Page 1. >> /K 6 /Pg 25 0 R /Rotate 0 240 0 obj /Pg 44 0 R endobj /P 12 0 R << /Contents [384 0 R 385 0 R 386 0 R] 61 0 obj 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 /S /P /S /P /P 12 0 R /MediaBox [0 0 612 792] /P 508 0 R /P 529 0 R << In the motion, Petitioner alleged he was . /Pg 45 0 R /Lang (EN-US) endobj >> /Contents [372 0 R 373 0 R 374 0 R] endobj >> /Lang (EN-US) /K [0 319 0 R 13 320 0 R 15 321 0 R 17] /P 4 0 R /MediaBox [0 0 612 792] 155 0 obj 98 0 obj << << 5 0 obj Dec. 16, 2014) (the court noted that [m]otions to disqualify opposing counsel are viewed with suspicion). >> /P 529 0 R >> /Lang (EN-US) >> /Type /Page /Pg 33 0 R /S /P 8. >> 121 0 obj /Pg 44 0 R /Type /Page 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 >> Disqualification motions put these obligations directly at issue. >> /MediaBox [0 0 612 792] /Lang (EN-US) << << >> << >> /Resources 478 0 R /Pg 28 0 R /Annots [] /Lang (EN-US) 108 0 obj /Annots [] >> endobj /Lang (EN-US) /Lang (EN-US) << 31 [177 0 R 178 0 R 179 0 R] v. Archer-Daniels-Midland Co., No. >> /S /P 59 0 obj (a) A court that determines that a person has signed a pleading or motion in violation of Section 10.001may impose a sanction on the person, a party represented by the person, or both. endobj >> 270 0 obj /S /P 304 0 obj 206 0 obj endobj This document is available in two formats: this web page (for browsing content) and. >> 35 [192 0 R 193 0 R 194 0 R 195 0 R 196 0 R 197 0 R 198 0 R 199 0 R 200 0 R 201 0 R /Lang (EN-US) Fill out the forms. /Pg 18 0 R /MediaBox [0 0 612 792] Brennan, No. /S /P /Resources 403 0 R /P 282 0 R 81 0 R 314 0 R 81 0 R 82 0 R 83 0 R] 127 0 obj /K 3 << /P 506 0 R 20 [142 0 R 143 0 R] << 331 0 obj /P 12 0 R 467 0 obj >> << 1992)). /P 12 0 R /Lang (EN-US) /Parent 11 0 R /S /P 127 0 R 128 0 R 129 0 R 130 0 R 131 0 R 132 0 R 133 0 R 134 0 R 135 0 R 136 0 R /P 12 0 R (b) The sanction must be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated. /K 5 >> /Pg 46 0 R endobj endobj /Pg 18 0 R endobj /K 10 /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 /Pg 27 0 R ________________________ United States District Judge. (Att. Motion to Disqualify - 4 should include disqualifying an attorney for a party for conflicts of interest under the RPCs. /Lang (EN-US) Shari, 204 P.3d at 460-62. /Pg 29 0 R /Lang (EN-US) endobj /S /P 242 0 obj endobj 1. /S /Link /Lang (EN-US) 1 / Employees of the U.S. Department of Justice have no authority to testify until the procedures set forth in 28 C.F.R. 164 0 obj /CropBox [0 0 612 792] /P 505 0 R /K 1 << >> 284 0 obj >> >> 1985) (finding defendant had a compelling need for prosecutor's testimony when that testimony was the only source of vital evidence). /Lang (EN-US) Once a motion to disqualify the judge in question has been filed, the judge will be served a copy of the affidavit. /CropBox [0 0 612 792] /Pg 16 0 R >> << /K 1 228 0 obj /K 47 >> /P 55 0 R 148 0 obj 229 0 obj 291 0 obj /Resources 371 0 R /Pg 16 0 R /Lang (EN-US) /Lang (EN-US) endobj 274 0 obj /S /P << 0000008829 00000 n Secure .gov websites use HTTPS 254 0 obj endobj 247 0 obj << /P 505 0 R << Drew Mazzeo and his firm should be disqualified from further representation of Landes in this matter, due to ethical obligations toward Cuzdey as a former client, incurred when Mr. Mazzeo purchased the practice of /Lang (EN-US) . << >> 141 0 obj << /Pg 45 0 R >> Because there are other witnesses available to testify, there is no compelling need to put the prosecuting attorneys on the stand to testify. >> endobj /Type /Page 307 0 obj very brief. 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) 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. This written response must be filed within two days after the motion to disqualify was . /S /P and specifically allege the facts and reasons relied on to show the grounds for disqualification and shall be sworn to . endobj << 113 0 obj 0000006276 00000 n /S /P /A 515 0 R /P 12 0 R 105 0 obj /S /P 3 Rules 4-1.6, 4-1.7, and 4-1.9 of the Rules Regulating The Florida Bar generally govern in attorney conflict of interest disqualification matters. /Pg 16 0 R /Pg 20 0 R /Chart /Figure endobj /K 4 /Tabs /S /P 505 0 R /Contents [396 0 R 397 0 R 398 0 R] 360 0 obj Myers v. Porter (In re Estate of Myers), 130 P.3d 1023, 1025 (Colo. 2006). Mar. << << >> endobj /S /P >> are satisfied. 327 0 obj endobj 262 0 obj /S /P endobj endobj 261 0 obj /K 3 /Rotate 0 /Pg 44 0 R endobj /Pg 35 0 R /K [503 0 R 504 0 R] R. Evid. << 114 0 obj 1990); United States v. Brothers, 856 F. Supp. /Length 532 0 R /Tabs /S >> endobj /Pg 44 0 R endobj /Parent 7 0 R ANSWER or RESPONSE DATE. >> /Rotate 0 << >> /S /Reference /Contents [495 0 R 496 0 R 497 0 R] << /S /P /Contents [487 0 R 488 0 R 489 0 R] endobj 295 0 obj << /S /P >> /K 0 /P 278 0 R >> /Pg 17 0 R >> 184 0 obj /P 530 0 R /Lang (EN-US) 330 0 R 162 0 R] endobj 161), filed on October 7, 2020" . endobj endobj /P 531 0 R 21 [144 0 R 145 0 R 146 0 R 147 0 R 148 0 R] motion was pending, Bikkani fil ed his third motion to disqualify attorney Fitzsimmons, along with a request that the trial court "disbar" him. >> /Pg 23 0 R /P 274 0 R /K [5 307 0 R 7] /Pg 16 0 R /StructParents 34 >> /K 2 292 0 obj RESPONSE to Motion re 31 MOTION to Disqualify Counsel filed by Xcentric Ventures, LLC(an Arizona Corporation), Ed Magedson(an individual). >> /StructParents 27 /Annots [] >> /Pg 29 0 R 282 0 obj Where a conflict exists, an effective written consent is the best defense to a motion to disqualify. 24 0 obj /S /P /Pg 28 0 R ORDERED that Plaintiff's Motion to Disqualify is GRANTED and Andrew J. Cevasco, Esquire is disqualified pursuant to New Jersey Rule of Professional Conduct 3.7 from serving as legal counsel for the Defendants at the trial in this matter; and IT IS FURTHER ORDERED pursuant to R. 1:5-1(a) that a copy of this Order will be /Lang (EN-US) /S /P /P 12 0 R /Lang (EN-US) /Tabs /S 25 0 obj >> /MediaBox [0 0 612 792] /Lang (EN-US) 204 0 obj See Livingston v. DONE AND ENTERED THIS _________ day of ____________ , 1997. /K 6 /K [6 277 0 R 8] /S /P >> /P 508 0 R << << /MediaBox [0 0 612 792] endobj 313 0 obj /K [26 287 0 R 28] 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.. /Lang (EN-US) /K 8 100 0 obj /Lang (EN-US) << 243 0 obj /P 12 0 R /P 55 0 R << /P 12 0 R endobj 115 0 obj endobj endobj endobj endobj endobj 136 0 obj /Pg 18 0 R Co. v. Employers Ins. /Pg 22 0 R << << /S /P /P 12 0 R /K 3 /K 0 >> 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) /K 3 Sharp, and the response of the United States. >> /Pg 43 0 R << >> >> /P 12 0 R >> The instant motion was filed eleven days after all the testimony had been taken and five days after the judge had announced his ruling. endobj 3. /Lang (EN-US) /Contents [380 0 R 381 0 R 382 0 R] This sample opposition to California motion to vacate judgment with an attorney affidavit of fault is used to oppose a motion made under the mandatory attorney affidavit of fault provisions of Code of Civil Procedure section 473 (b) on several grounds including that the motion is untimely, does not include the required attorney affidavit of << endobj /Resources 466 0 R 29 [171 0 R 172 0 R 173 0 R] /S /P [email protected] . /Parent 9 0 R /S /P << /Pg 17 0 R endobj >> /Lang (EN-US) 145 0 obj >> /Lang (EN-US) /K 4 << /Type /Page >> 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 /S /H2 You can find 3 available options; typing, drawing, or capturing one. /S /P /Lang (EN-US) When faced with a motion to disqualify, the first course of action is typically to notify the client. /Pg 16 0 R /Pg 45 0 R << << 0000005497 00000 n /Pg 45 0 R Attorney General . 524, 528 (D.Colo. endobj >> 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. << << /S /P 39 0 obj The best way to deal with motions to disqualify is to prevent them. The defendant may not call the prosecutors as witnesses unless there is a compelling need to do so. 00021 Motion to Strike Defendant BRIAN FROST's Affirmative Defenses. See also Harlan, 54 P.3d at 877 (the Court noted that [i]n determining whether disqualification is warranted the critical question is whether the litigation can be conducted in fairness to all parties and explained that [d]isqualification should not be imposed unless the claimed misconduct in some way taints the trial or legal system) (quoting Fed. /K 31 /Type /Page 209 0 obj << << << /P 507 0 R endobj /Annots [] /Pg 39 0 R The law with respect to disqualification varies depending on the conflict relation and the poten-tially harmed party. 195 0 obj /S /P endobj /P 12 0 R /Pg 16 0 R endobj /P 12 0 R endobj /S /TOCI >> /K 13 >> 0000006178 00000 n << /P 528 0 R endobj endobj << << /Annots [] /Lang (EN-US) >> << endobj endobj /Rotate 0 /Lang (EN-US) 312 0 obj << /S /H3 endobj /CropBox [0 0 612 792] << /Lang (EN-US) 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. >> >> endobj /Pg 19 0 R /S /P /Pg 16 0 R endobj /Lang (EN-US) /P 508 0 R /Lang (EN-US) /S /P [email protected] / PLAINTIFF CATHOLIC CHARITIES WEST MICHIGAN'S RESPONSE IN OPPOSITION TO MOTION TO DISQUALIFY . endobj 739, 743-44 (S.D.N.Y. /Lang (EN-US) >> /P 531 0 R 318 0 obj >> /P 12 0 R endobj >> /P 529 0 R Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. /CropBox [0 0 612 792] 260 0 obj >> /Pg 17 0 R >> << 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 . endobj /S /TOC << /P 12 0 R For the reasons stated below, Petitioner's Motion to Disqualify Counsel . 1992) (citations omitted). << 1 /. endobj endobj endobj Id. /P 12 0 R << 267 0 obj 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. 12 [115 0 R 116 0 R 117 0 R] Litigation and Dispute Resolution in the UnitedStates, Four Things to Know About Motions to Disqualify. 348 0 obj /Rotate 0 /S /P disqualify opposing counsel, the present client of the attorney who is the target of the motion,6 and third parties. Upon consideration of the defendant's Motion to Disqualify Prosecutors Mark R. Rosman and Karen J. << /Pg 44 0 R << /Pg 29 0 R << /K [12 521 0 R] << /Pg 21 0 R /S /TOCI 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.12 Nonetheless, if the attorneys choose to employ a screen, it is important that it be erected before the involvement of the conflicted attorney in the new representation.13. /S /P /Lang (EN-US) /P 12 0 R 0000000896 00000 n /K 0 /Lang (EN-US) endstream /Pg 32 0 R << Mr. /Pg 20 0 R /P 508 0 R See. important announcement Transparency Online Contact Us Interpreters FAQ Photos Holidays Menu Important Announcement Home Search Courts Probation Jury Self Help Forms Careers Media Administration Contact us Interpreters FAQ Photo Gallery Holiday Schedule 353 0 obj 198 0 obj [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 . /K 1 /K 0 endobj 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. Under the Colorado Rules of Professional Conduct (Colorado Rules or Colo. RCP), an attorney must safeguard client confidences and secrets, subject to a few exceptions. 193 0 obj endobj The Motion Clerk shall enter the "Answer" or "Response" Date on the Cover Sheet. /Pg 15 0 R /Parent 3 0 R on January 7, 2002. /K 33 >> /S /Reference /S /P >> << 354 0 obj /Pg 45 0 R /S /P Rule 4-1.6 provides that, except in limited circumstances, "a lawyer shall not reveal information relating to representation of a client. /P 12 0 R 309 0 R 308 0 R null 310 0 R 311 0 R 310 0 R null 312 0 R null 57 0 R] /S /Reference /P 296 0 R /Lang (EN-US) /Pg 43 0 R endobj /Tabs /S endobj /Pg 19 0 R /K 6 /Lang (EN-US) >> << The facts stated in Mrs. Landes' Response to the Motion to Disqualify, are true and correct, including the fact that I do not have Mr. Cuzdey's client file.

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