An appellate panel recently decided an issue relating to whether an attorney could be recused from prosecuting claims against a business entity that had previously discussed with the attorney the prospects of representation an anticipated, yet unrelated lawsuit.

In the case subject of the appeal, the attorney was engaged by a contractor to sued a corporation for failing to pay for work performed by the contractor at the corporation’s restaurant. Within a month into litigation, the corporation’s attorney requested the trial court to disqualify the contractor’s attorney because of discussions the corporation’s principal had with the contractor’s attorney about representing her in pending litigation. The corporation’s principal claimed that she disclosed to the contractor’s attorney extensive information about the corporation’s business history and existing legal problems.  The trial court was not convinced and refused to disqualify the contractor’s attorney.