Wednesday, October 17, 2012

Conflicts and Imputation News

A few interesting updates of note:

Conflict questions arise about law firms representing HOAs, banks --
  • "Disputes pitting homeowners associations against banks that owe fees on foreclosed houses have left some questioning whether the same law firms should represent parties on both sides of the fight.
  • "One firm that represents both banks and associations is Greenspoon Marder, with offices in Orlando and elsewhere in the state. Firm co-founder Michael Marder said his group guards against conflicts and is comfortable doing business with organizations at odds with one another, such as banks and associations. 'We don't operate on an ideological basis,' Marder said this week. 'We have a large firm with a broad base of clients, and we try to ensure we have no conflict.'"

Conflict of Lawyer Doing Outsourced Work Will Not Be Imputed to Firm That Pays Her --
  • "A law firm representing the plaintiff in a lawsuit is not subject to imputed disqualification based on the fact that it outsources work to a lawyer who formerly represented the defendant in the same litigation, the U.S. District Court for the Northern District of Florida decided Oct. 5 (Brown v. Florida Dep't of Highway Safety and Motor Vehicles, N.D. Fla., No. 4:09-cv-171-RS-CAS, 10/5/12)."
  • "Judge Richard Smoak determined that the former government lawyer--who has not had any involvement with the plaintiff in this matter--is not “associated” with the plaintiff's law firm under their working arrangement."

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