July 1, 2011
Solitude Is Hard To Find
The Wyoming Supreme Court has held that an attorney's representation of a subdivision violated conflict-of-interest rules but that the issue had not been timely raised.
The person (defendant) who claimed the conflict had retained an attorney to assist in a dispute with the Solitude subdivision located in Teton County over the interpretation of a protective covenant. She later complained about the attorney's bill to the Bar.
When the subdivision brought a claim against defendant, it retained her former attorney's partner. The litigation involved the covenant's application to defendant's erected screens, brush, log piles and fencing.
The court here held that the matters involved the same protective covenants and were thus substantially-related matters. The partner should have been disqualified by operation of the imputed conflict rule.
The court did not approve of the behavior of the attorneys for either side:
This case is an example of how resolution of a simple dispute can become
unduly complicated, expensive and delayed by the attorneys’ conduct. The record
on appeal discloses endless and unseemly jousting between the attorneys about
virtually every aspect of the case. Discovery requests that should have been
responded to quickly were unnecessarily opposed by both sides for every little
reason imaginable. It took over two years to reach summary judgment, even
though there was no real dispute about the facts of the alleged covenant violations,
because of the constant bickering between the attorneys. We can only imagine the
frustration experienced by the district court, including the two different judges
who sat on this case.
The court remanded the case on the issue of attorney's fees, as the defendant should not have to pay the other side's fees for matters relating to the conflict issue. (Mike Frisch)
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