2009AP000688 Foley-Ciccantelli v. Bishop’s Grove Condominium Association, Inc.

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Civil Procedure
Attorney disqualification; standing

A non-client party may establish standing to disqualify an attorney when prior representation is so connected with the current litigation that the prior representation is likely to affect the just and lawful determination of the non-client party’s position; but appearance of impropriety is too low a standard to meet for disqualification.

“We conclude that Bishop’s Grove, the non-client defendant, has standing to move to disqualify opposing counsel. Bishop’s Grove has shown that the plaintiffs’ attorney’s prior representation of the Foster Group and Wayne Foster is so connected with the current litigation that the prior representation is likely to affect the just and lawful determination of Bishop’s Grove’s position.”

“The appropriate standard a circuit court applies to determine a motion for disqualification of counsel based on an attorney’s duty to a former client is guided by SCR 20:1.9. A circuit court must determine: (1) whether there was an attorney/client relationship between counsel and the former client and whether it is over; (2) whether the subsequent representation involves the same or a substantially related matter as the former representation; (3) whether the interests of the subsequent client are materially adverse to those of the former client; and (4) whether the former client consented to the new representation.”

Reversed and Remanded.

2009AP000688 Foley-Ciccantelli v. Bishop’s Grove Condominium Association, Inc.

Abrahamson, C.J.

Attorneys: For Appellant: Andringa, Timothy J., Waukesha; For Respondent: Schellinger, Neal C., Waukesha

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