Blamey v. Menadier
The Third DCA granted certiorari and quashed an order denying disqualification of plaintiffs' counsel who had previously performed legal work for the corporate defendant, including drafting a term sheet for the very stock transfer underlying the lawsuit. The court held the prior representation was 'substantially related' to the current suit under Rule 4-1.9, since the unconsummated stock transfer was 'at the heart of the lawsuit.'
Key facts
- Plaintiffs sued defendant corporation and its owner regarding a failed stock transfer; plaintiffs' counsel had previously performed legal work for the defendant corporation, including drafting a term sheet for the same stock transfer at issue in the lawsuit.
- The trial court denied plaintiffs' counsel's disqualification based on the prior representation.
- +2 more key facts with a free trial
Why it matters
Provides a usable Third DCA template for the 'substantially related' prong of Rule 4-1.9 where in-house-style counsel worked on the very transaction later sued upon, and confirms certiorari is available to quash a… — full analysis with a trial
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