PDF 1. Identity of Moving Party 2. Statement of Relief Sought - Washington << >> /Pg 45 0 R 1992). /P 508 0 R /P 12 0 R 74 0 obj In the Motion, Presley seeks the entry of an order disqualifying and all co-counsel who represent Douglas Smith (Smith) and Carolina Preservation Properties, Inc. /P 508 0 R /CropBox [0 0 612 792] His argument is self-defeating. << /Parent 6 0 R >> >> /P 531 0 R 199 0 obj Ct., 704 P.2d 851, 853 (Colo. 1985)). 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. /Pg 16 0 R /Lang (EN-US) 1 [233 0 R 234 0 R 235 0 R 236 0 R 237 0 R 238 0 R 239 0 R 240 0 R 241 0 R 242 0 R /K 17 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 17 0 R 135 0 obj /Pg 45 0 R /K 13 306 0 obj >> /P 505 0 R >> /Contents [459 0 R 460 0 R 461 0 R] Attorneys understandably may feel apprehensive about the threat of a motion to disqualify, given the potential risk and loss of work. /K 9 << /Lang (EN-US) /Annots [457 0 R 458 0 R] /A 515 0 R /Pg 22 0 R /K 22 << endobj /P 12 0 R /Pg 17 0 R << /Type /Page /S /P 3 [null 304 0 R 305 0 R 304 0 R null 306 0 R 307 0 R 306 0 R null 308 0 R /P 12 0 R /Lang (EN-US) 155 0 obj << /P 12 0 R Attorney Disqualification in Florida Following State Farm v. K.A.W 0000002614 00000 n /Lang (EN-US) /Lang (EN-US)
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response to motion to disqualify attorney