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DeMarco v. Fire Command, Inc.

Connecticut Superior Court, Judicial District of New Haven
Jul 27, 1990
1990 Ct. Sup. 639 (Conn. Super. Ct. 1990)

Summary

In DeMarco v. Fire Command, Inc., 2 Conn. L. Rptr. 159 (July 27, 1990) (Downey, J.), the court also addressed the issue of whether a party's attorney could testify as a witness.

Summary of this case from Anziano v. Harbor Hill Care Center, Inc.

Opinion

No. 29 73 81

July 27, 1990.


MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR REMOVAL AND DISQUALIFICATION


Plaintiff, a minority stockholder of defendant Fire Command, Inc., moves that this court remove and disqualify defendants' law firm (Jozus, Tomc Milardo) from further representation in this case, citing Rules 3.7(a) and (b) and Rule 1.7 of the Code of Professional Conduct.

Plaintiff asserts that Attorney Richard Tomc of said firm will be a necessary witness in the trial of this case; and that said firm has a conflict of interest in that "during the purported sale of the [defendant] Corporation's assets to defendants Kindschi and Ross, Attorney Tomc and Jozus, Tomc and Milardo acted as attorneys for both the Corporation (seller) and for Kindschi and Ross (buyers).

As to plaintiff's claim that Attorney Tomc will be a necessary witness, plaintiff has made no showing that Attorney Tomc's testimony will be "genuinely needed." Atlantic Richfield Co. v. Canaan Oil Co., 202 Conn. 234, 248-49 (citation omitted). The mere statement that Tomc "will be a necessary witness" does not suffice to support this motion.

As to plaintiff's claim that the firm of Jozus, Tomc and Milardo is precluded from representing defendants in this trial by virtue of a conflict of interest, plaintiff has offered no evidence in support of his allegations.

The right to counsel of one's choice, though not absolute, is a fundamental premise of our adversary system. Richardson-Merrell, Inc. v. Koller, 472 U.S. 424, 443 (Brennan J., concurring); Burger Burger, Inc. v. Murren, 202 Conn. 660. Moreover, an attorney whose disqualification is sought has a "personal and financial interest" in a disqualification decision. Richardson-Merrell, Inc. v. Koller, supra, at 434. Given the significant interests of defendants and of defendants' counsel impacted by a disqualification decision, mere allegations of conflict do not suffice to support this motion.

Plaintiff's motion is denied.

JOHN T. DOWNEY, JUDGE


Summaries of

DeMarco v. Fire Command, Inc.

Connecticut Superior Court, Judicial District of New Haven
Jul 27, 1990
1990 Ct. Sup. 639 (Conn. Super. Ct. 1990)

In DeMarco v. Fire Command, Inc., 2 Conn. L. Rptr. 159 (July 27, 1990) (Downey, J.), the court also addressed the issue of whether a party's attorney could testify as a witness.

Summary of this case from Anziano v. Harbor Hill Care Center, Inc.

In DeMarco v. Fire Command, Inc., 2 CONN. L. RPTR. 159 (July 27, 1990) (Downey, J.), the court also addressed the issue of whether a party's attorney could testify as a witness.

Summary of this case from Command Electric, Inc. v. Stathis Manousos

In DeMarco v. Fire Command, Inc., 2 CTLR 101 (July 27, 1990, Downey, J.), the court also addressed the issue of whether a party's attorney could testify as a witness.

Summary of this case from Harborwalk Association v. Errato

In DeMarco v. Fire Command, Inc., 2 CTLR 101 (July 27, 1990, Downey, J.), the court also addressed the issue of whether a party's attorney could testify as a witness.

Summary of this case from Brand v. Matheny
Case details for

DeMarco v. Fire Command, Inc.

Case Details

Full title:EDWARD DeMARCO v. FIRE COMMAND, INC., ET AL

Court:Connecticut Superior Court, Judicial District of New Haven

Date published: Jul 27, 1990

Citations

1990 Ct. Sup. 639 (Conn. Super. Ct. 1990)

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