Monday, June 8, 2009

Charges Dismissed

The Georgia Supreme Court accepted a special master's recommendation and dismissed charges of conflict of interest. The accused attorney represented retirees in an administrative ERISA proceeding. An associate joined the lawyer's firm who had previosl;y represented the opposing party and had provided legal advice relating to the ERISA proceeding. Following lenghty discovery (which is not available in many state bar disciplinary proceedings), the special master ruled on cross-motions for summary judgment and dismissed the charges. There was insufficient evidence that the attorney had "knowingly represented clients with claims adverse to the former clients of a member of her firm." (Mike Frisch)

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