Opinions of the General Counsel, 0319 ALBJ, 80 The Alabama Lawyer 146 (2019)
| Author | Roman A. Shaul |
| Position | Vol. 80 2 Pg. 146 |
Roman A. Shaul
Lawyer Who has Formerly represented a client May Not represent another Person in the same or a substantially related Matter Where the Present client’s interests are Materially adverse to the Former client
QUESTION:
“The purpose of this letter is to request a formal opinion from your office regarding whether my law firm should be disqualified from representing the Plaintiff corporation a in litigation.
“I believe that all of the relevant facts are set out in the following documents which are enclosed: “1. complaint filed by corporation a against corporation b and Mr. Jones for damages arising from an alleged breach of equipment lease and on a personal guaranty.
“2. answer and counterclaims of corporation b and Jones.
“3. amendment to answer and counterclaims.
“4. corporation a’s answer to counterclaims.
“5. appearance of lawyer a as counsel for corporation a.
“6. defendant’s objection to appearance of attorney, with attached exhibits a, b, and c.
“7. letter from lawyer x to Judge rite, with referenced attachments.
“8. response of lawyer a’s firm in opposition to defendants’ objection to appearance of attorney’ with attached exhibits 1 through 6.
“Judge rite has asked that i request this opinion from your office. enclosed is a copy of the order which i am submitting to Judge rite which i expect will be signed shortly.”
ANSWER:
The documents submitted with your request for opinion show that your firm is presently representing corporation a against corporation b and Mr. Jones. corporation b is in the business of designing and providing printed business forms. Jones is the president and sole stockholder. This lawsuit was fled on and deals with an alleged breach of an equipment lease/purchase agreement by corporation b and Jones. There is a counterclaim and a third-party complaint as well. The lease agreement was entered into on July 29, 1988. corporation a is claiming damages in the amount of $9,320 as a result of the breach.
During 1991, lawyer a’s partner (“Partner”) represented Jones when he was considering the formation of another corporation which would offer consulting services to the same clientele that corporation b serviced. Partner met with Jones on one occasion and with his accountant on another. Prior to this, Partner had never had any...
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