Jones v. Jones

369 S.E.2d 478 (1988)

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Nature of the Case

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Facts

Norma (P) retained Zimmerman to represent her in a divorce action against Larry (D). Larry retained Bond to represent him. Zimmerman and Bond were husband and wife. A settlement negotiation was made regarding temporary custody and alimony which was made the judgment of the court. Zimmerman's law firm then filed a motion to disqualify Bond on conflict and marriage to Zimmerman. While this motion was pending, Zimmerman had to withdraw from a conflict of interest in an earlier presentation of D. P retained new counsel who pursued the motion to disqualify. The trial court granted the motion to disqualify Bond but found no evidence of impropriety or breach of confidences by Bond or Zimmerman. The trial court nonetheless found an appearance of impropriety and possible jeopardy to the client's confidences. Bond was disqualified and filed for interlocutory appeal.