In re Liebnow v. Boston Enterprises
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This case came before the Supreme Court from a personal injury case against a restaurant that ended with allegations of a party contracting a food-borne illness. THe plaintiff sought to have a small out-of-state law firm that specializes in food-borne illness claims admitted pro hac vice to help in the litigation. The defendant objected on grounds that defense counsel had previously consulted with an attorney at the the out-of-state-firm about her case and her trial strategy. The trial court denied the out-of-state firm's motion, thus disqualifying it from representing plaintiff. On appeal to the Supreme Court, plaintiff argued that Colo. RPC 1.7 applied only to situations where an attorney-client relationship was established, and that the trial court's disqualification was the trial court's abuse of discretion. Upon review, the Supreme Court affirmed the trial court's order, holding that: (1) the consultation between defense counsel and out-of-state counsel concerned confidential information (which created a conflict under Colo. RPC 1.7; and, (2) the conflict was not waivable.
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