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<< endobj endobj /S /Reference /P 530 0 R >> >> /K 1 /S /H1 /P 12 0 R /P 284 0 R /Annots [] /MediaBox [0 0 612 792] /CropBox [0 0 612 792] << 333 0 obj /Lang (EN-US) /Lang (EN-US) /Lang (EN-US) 102 0 obj /StructParents 13 /Lang (EN-US) /CropBox [0 0 612 792] /K 1 Secure .gov websites use HTTPS << 305 0 obj Ct., 719 P.2d 699, 704 (Colo. 1986). /S /P /P 274 0 R /S /P /P 12 0 R >> /S /P /S /H1 0000000896 00000 n << /Lang (EN-US) << "response to General Michael T. Flynn's Motion to Disqualify Judge Emmet Sullivan, United States v. Flynn, 17-cr-232 (Doc. /Lang (EN-US) >> << << << /K 1 /S /Reference << /Pg 15 0 R /Pg 42 0 R /Lang (EN-US) >> /K 36 /P 55 0 R endobj endobj << 177 0 obj /S /P << 237 0 obj /StructParents 2 /P 505 0 R << 37 0 obj /S /P 171 0 obj endobj endobj >> endobj << << /P 162 0 R /Producer <6954657874AE20352E352E3920A9323030302D323031352069546578742047726F7570204E5620284147504C2D76657273696F6E29> 9 0 obj /Lang (EN-US) << /P 12 0 R /Lang (EN-US) /S /P 146 0 obj endobj << endobj >> /K 6 /S /Reference << /Pg 18 0 R /P 12 0 R /S /P << >> /Resources 482 0 R >> >> 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. 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 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 >> /Pg 17 0 R /Lang (EN-US) << /Pg 16 0 R endobj /K 0 /S /TOC /K 0 << Health, Education & Family Services Division . endobj /StructParents 34 /Type /Pages /P 12 0 R /Lang (EN-US) /Lang (EN-US) >> 1 /. 170 0 obj << /Lang (EN-US) These motions are becoming ever more common. /P 528 0 R endobj endobj Judicial Disqualification: What Every Practitioner (and Judge) Should 113 0 obj /S /P << /Annots [] For example, if you need more time to answer a complaint or petition, you can file a motion to extend the time to answer. /K 1 /Parent 6 0 R Brown v. Encompass Ins. << /K 17 209 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 In fact, the plaintiff's attorney conceded in open court, "I can honestly state I am not completely pre-pared to respond to the motion for summa-ry judgment." The judge, however, allowed the plaintiff to submit a brief on the . /Pg 15 0 R /S /TOCI You are switching to another language. People v. Harlan, 54 P.3d 871, 877 (Colo. 2002). /S /Link 1992) (citations omitted). 190 0 obj /S /H2 /S /H1 { 10} On July 11, 2006, the trial court ordered Bikkani to provide the discovery responses, including signed authorizations to release medical records, and notified 98 0 obj /K 6 /K [54 301 0 R 56] 207 0 obj << /K 4 >> /K [46 297 0 R 48] /Lang (EN-US) /P 12 0 R A motion is a document asking the court to order something in an existing case. You can find 3 available options; typing, drawing, or capturing one. /Lang (EN-US) 66 0 obj << /Pg 29 0 R 107 0 R 108 0 R 109 0 R 110 0 R 111 0 R 112 0 R 113 0 R 114 0 R 115 0 R 116 0 R >> /Pg 29 0 R >> 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 /Pg 16 0 R 73 0 obj /Lang (EN-US) << /K 8 /Lang (EN-US) /Lang (EN-US) /P 12 0 R 162 0 obj endobj /Tabs /S /K 0 /S /P /Pg 20 0 R << /S /P Attorneys should not assume that possession of mere playbook knowledge precludes disqualification. /P 12 0 R /Lang (EN-US) << /K 2 244 0 obj /Lang (EN-US) /Rotate 0 /Pg 16 0 R << /S /P /K 11 /Pg 17 0 R 1. /S /H3 << endobj 142 0 obj << /K 8 >> endobj 249 0 obj /S /Reference /Annots [] /Pg 45 0 R PDF 10 Plaintiffs Response in Opposition to Motion to Disqualify /StructParents 31 312 0 obj 145 0 obj /Annots [] /Pg 23 0 R 32 0 obj << /K 22 /K 1 >> >> /Pg 15 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. >> >> 303 0 obj 57 0 obj << /P 531 0 R /K 23 >> /Pg 16 0 R endobj /K 27 << 316 0 obj /Pg 44 0 R << ,"w0:IYbJ!`.^OtX]8Xhyi(< 1+!)CafX>2p1D0UXrA!iP2j\ /P 81 0 R >> /Pg 28 0 R /K 0 /K 17 /S /P /Lang (EN-US) /StructTreeRoot 4 0 R /Pg 36 0 R /S /P /S /P /K 4 >> 364 0 obj /Pg 38 0 R /Lang (EN-US) 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. endobj /K 25 /Resources 462 0 R /Lang (EN-US) position as district attorney. >> /MarkInfo 2 0 R In the motion, Petitioner alleged he was . 261 0 obj endobj endobj If you are not already a client of Dentons, please do not send us any confidential information. /Pg 44 0 R endobj Please do not message me here on Avvo. /StructParents 28 endobj Brennan, No. Dec. 16, 2014) (the court noted that [m]otions to disqualify opposing counsel are viewed with suspicion). /CropBox [0 0 612 792] on January 7, 2002. >> 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"). /Lang (EN-US) << /Pg 43 0 R endobj /S /P /Pg 16 0 R /MediaBox [0 0 612 792] endobj He also made PDF Seeking a Recusal - Starnes Law /Rotate 0 196 0 obj /P 12 0 R /P 12 0 R /Lang (EN-US) DONE AND ENTERED THIS _________ day of ____________ , 1997. endobj endobj . >> /Lang (EN-US) /K [7 313 0 R 9] /P 509 0 R Attorney General . motion to disqualify, the district court must strictly adhere to an exacting standard to discourage a party from using the motion as a dilatory tactic. Shari, 204 P.3d at 460-62. 56 0 obj /P 531 0 R /Tabs /S << /Resources 452 0 R 3d at 812. 131 0 obj endobj /Lang (EN-US) >> << /Lang (EN-US) /Pg 19 0 R Instead, Colo. RPC 1.9(a) provides that, [a] lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that persons interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing. << /Pg 45 0 R /StructParents 22 << Notice of Motion and Motion. >> The trial judge observed the motion for recusal was likely a dilatory tactic. /K 20 /K 15 205 0 obj << >> /K 30 >> >> /StructParents 16 In 3/19, C.H. 233 0 obj /S /H1 /K 42 /K 4 0000009248 00000 n [18 -1] at 19. endobj /Annots [] /Count 5 /P 12 0 R << 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. /A 522 0 R /S /P /Lang (EN-US) Thus, any alleged confidential or proprietary information that he may have obtained would be obsolete. disqualify opposing counsel, the present client of the attorney who is the target of the motion,6 and third parties. PDF 1. Identity of Moving Party 2. Statement of Relief Sought - Washington /Count 5 endobj /S /TOCI /MediaBox [0 0 612 792] /Parent 8 0 R /S /P << motion to disqualify. 220 0 obj /Pg 27 0 R /CropBox [0 0 612 792] /K 3 endobj /Pg 16 0 R >> /K [0 319 0 R 13 320 0 R 15 321 0 R 17] /K 0 Where a conflict exists, an effective written consent is the best defense to a motion to disqualify. 13. /Pg 18 0 R 337 0 obj 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. /Lang (EN-US) /S /P 0000001860 00000 n /S /P 153 0 obj 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. /P 12 0 R /S /P /Pg 38 0 R 295 0 obj /Kids [25 0 R 26 0 R 27 0 R 28 0 R 29 0 R] /S /P at 241-47 . 79 0 obj << /S /Sect << 0000008931 00000 n /Lang (EN-US) endobj 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. 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. endobj /S /P /S /Link /Lang (EN-US) 175 0 obj 0 /P 508 0 R << /K 9 /MediaBox [0 0 612 792] /Type /Page /Tabs /S PDF Philadelphia Court of Common Pleas Petition/Motion Cover Sheet /S /P /S /P endobj << /S /P How to Disqualify a Judge on Your Case | Pariente Law Firm, P.C. /Lang (EN-US) /Tabs /S /MediaBox [0 0 612 792] 739, 744 (S.D.N.Y. /Pg 15 0 R /A 517 0 R >> The Motion Clerk shall enter the "Answer" or "Response" Date on the Cover Sheet. /K 2 /Pg 17 0 R A motion to disqualify should be made with "reasonable promptness" after the party becomes aware of the conflict so that it cannot be used as a strategic tool to deprive his opponent of counsel after a substantial amount of time has been spent on a case. /P 528 0 R 69 0 obj /P 12 0 R << /Pg 37 0 R >> /A 513 0 R /S /P 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. /Lang (EN-US) 143 0 obj >> /Pg 16 0 R /K 31 /K [304 0 R 306 0 R 308 0 R 310 0 R 312 0 R] 125 0 obj << 330 0 obj 263 0 obj /Pg 16 0 R 6 0 obj /Contents [400 0 R 401 0 R 402 0 R] endobj 114 0 obj /K [10 314 0 R 12] /Lang (EN-US) /Lang (EN-US) Attempting to defeat the motion without advising the client is not an acceptable solution. /Pg 44 0 R /Diagram /Figure /Type /Page 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 /K 16 /Resources 448 0 R >> 152 0 obj >> /K 0 /P 12 0 R endobj << 199 0 obj endobj /S /P >> /S /P /Pg 44 0 R << /StructParents 17 276 0 obj /S /P /Pg 15 0 R << The Texas Supreme Court held that disqualification was proper, reasoning Deposit Ins. 243 0 obj <> endobj /K 0 167 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 /Pg 29 0 R << << /Pg 28 0 R /S /P << 13 [118 0 R 119 0 R 120 0 R 121 0 R 122 0 R] 92 0 obj /K 19 << /S /P endobj 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. Cal. 301 0 obj Visit the Civil General Use forms page.. Self-Help Resources Formularios en Espaol. /Pg 17 0 R >> Rule 2.330 (e). /Pg 20 0 R /Parent 10 0 R Two important pre-motion strategies are effective. >> /P 12 0 R /P 12 0 R 90 0 obj 7 0 obj /P 508 0 R {{ ! 17, 2020), the Central District of California decided a motion to disqualify brought by the defendant based on two grounds: (1) a purported conflict based on plaintiff's counsel's prior employment by the defendant; and (2) plaintiff's counsel's improper receipt of information, procured /S /P /S /Reference endobj endobj /K 1 /Pg 43 0 R /S /P You have to fill out at least 2 forms, maybe more, to file your opposition. 3.7." Venters, 293 Kan. at 103. /P 509 0 R However, disqualification is a harsh measure. See People ex rel. endobj /P 508 0 R /S /P /Pg 16 0 R Plaintiffs' Memorandum in Opposition to Defendant's Motion to Exclude The defendant has moved to have prosecutors Mark Rosman and Karen Sharp disqualified from conducting the trial in this matter due to the ethical prohibition against a lawyer conducting a trial in which he or she will be a necessary witness. /K 1 << [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 . 0000001974 00000 n %%EOF Official websites use .gov 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. /S /P << 130 0 obj << /S /Link /Lang (EN-US) << endobj /Lang (EN-US) endobj /P 4 0 R endobj /P 509 0 R 341 0 obj /S /TOCI ), aff'd, 979 F.2d 912 (2d Cir. << /Tabs /S 11. The defendant asserts that the prosecutors are material witnesses in this case because they "have personal knowledge of material, exculpatory information which is crucial to the defense." 6 313 0 R 7 314 0 R 8 [84 0 R 85 0 R 86 0 R] /K 4 endobj 323 0 obj 302 0 obj /Lang (EN-US) /P 12 0 R /Lang (EN-US) /S /P /Pg 22 0 R >> >> >> /Lang (EN-US) (Att. 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 >> /StructParents 8 RESPONSE to 70 MOTION to Disqualify Attorney Steve Morris and The Law A motion to disqualify shall be . >> /Lang (EN-US) /Annots [] /Lang (EN-US) 202 0 R] /S /P >> Defendant's Motion at 1. /K 0 /S /P 13 0 obj /Pg 39 0 R /K 2 endobj /S /P /K [9 309 0 R 11] 357 0 obj endobj endobj /P 12 0 R /Lang (EN-US) /Lang (EN-US) /S /P 39 0 obj >> /Pg 22 0 R endobj /Lang (EN-US) /MediaBox [0 0 612 792] /Lang (EN-US) /P 531 0 R endobj /P 315 0 R /Lang (EN-US) /S /P PDF context motions.'" In response to C.H.'s argument that F had not /Type /Page /Parent 9 0 R /S /P /Lang (EN-US) /P 12 0 R << endobj /Outline /Span Defendant's Motion at 1-3. /S /P endobj /Pg 38 0 R >> >> /Pg 15 0 R /P 508 0 R 309 0 obj (b) The sanction must be limited to what is sufficient to deter repetition of the conduct or comparable conduct by others similarly situated. endstream endobj startxref 348 0 obj endobj endobj /MediaBox [0 0 612 792] superceded, 764 F.2d 548 (9th Cir. << << << Defendants' Motion to Disqualify Plaintiff's counsel, Greenberg Traurig, LLP ("GT") is a baseless effort to divert the Court from the merits of the controversy between the parties, in which GT's client has already been shown to have been seriously wronged by the moving parties. 281 0 obj endobj 289 0 obj >> << /K 2 /S /P /K 3 /P 509 0 R endobj /Pg 17 0 R /S /P >> /S /P Fill out the forms. /Lang (EN-US) /S /P /Pg 33 0 R >> The Ethics of Moving to Disqualify Opposing Counsel for Conflict of /Parent 7 0 R endobj /S /Reference /Parent 11 0 R 59 0 obj /Pg 15 0 R See Livingston v. << << >> /P 507 0 R >> /Pg 29 0 R You need a written motion signed by both your client and yourself, and sworn to by your client. /P 509 0 R In those circumstances, courts are generally protective of confidences or secrets that the law firm or attorney may possess or to which the firm or attorney has access as a consequence of either the prior or the existing representation. /P 12 0 R << /P 55 0 R 132 0 obj /P 12 0 R /S /P endobj endobj endobj >> /K [13 311 0 R 15] In determining whether to disqualify an attorney on the ground that he or she will likely be a witness, the court is guided, but not bound by, the standards set forth in Rule 3.7, and whether to disqualify an attorney rests in the sound discretion of the Court. /Lang (EN-US) /Tabs /S /S /P /Pg 15 0 R << 43 0 obj /Rotate 0 304 0 obj See Fed. >> 260 0 obj << /K 6 Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. /Lang (EN-US) 129 0 obj /Pg 33 0 R /S /P /K 31 /Lang (EN-US) /Pg 22 0 R /S /P << endobj /S /P /P 508 0 R /Pg 29 0 R 0000008092 00000 n /Lang (EN-US) 174 0 obj /S /P /Pg 17 0 R /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 /Lang (EN-US) /P 505 0 R /Lang (EN-US) << /Count 5 >> United States' Response to Defendant's Motion to Disqualify Prosecutors