Kala v. Aluminum Smelting & Refining Company, Inc

688 N.E.2d 258 (1998)

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Nature of the Case

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Facts

P retained Pearson and the Spangenberg firm in 1993 as his attorneys. From 1993 through 1995, P trusted Pearson, relied upon him as his attorney, and disclosed all matters pertaining to his case involving his former employer, D. Pearson proceeded to file an appeal after the directed verdict and participated in a settlement conference with the Eighth District Court of Appeals on November 13, 1995. On January 8, 1996, Pearson obtained a continuance to file P's appellate brief. On January 22, 1996, Pearson left the Spangenberg firm and joined the Duvin firm, which was representing D and had been throughout the prior proceedings with P. Without a doubt, Pearson was negotiating with Duvin while still actively representing P without disclosing to P his negotiations. P filed a motion to disqualify Pearson and Duvin. The court of appeals granted P’s motion and disqualified Pearson and Duvin. D appealed.