Kennedy et al v. Mindprint Inc, No. 4:2008cv01598 - Document 9 (S.D. Tex. 2008)
Court Description: OPINION on Attorney Disqualification. (Signed by Judge Lynn N. Hughes) Parties notified.(dkelly, )
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Kennedy et al v. Mindprint Inc Doc. 9 Case 4:08-cv-01598 Document 9 Filed in TXSD on 06/13/2008 UNITED STATES DISTRICT COURT Kirk A. Kennedy and Stephen R. Cochell, Appellants versus Mindprint, Inc., Appellee IN RE: ProEducation International, Inc., Debtor. Page 1 of 1 SOUTHERN DISTRICT OF TEXAS § § § § § § § § § Civil Action H-08-1598 § § § § § Bankruptcy 00-40529-H5-7 Opinion on Attorney Disqualification Kirk Kennedy joined Jackson-Walker in its Houston office and worked in the bankruptcy section. The Houston branch of Jackson-Walker had represented MindPrint, Inc., in a bankruptcy three years before Kennedy joined and during his one-year stint at the firm. Although Kennedy did not directly work on MindPrint s case in the bankruptcy of ProEducation International, Inc., he worked in the same section and branch that represented that client. Drs. Mark A. D Andrea and James F. Fairleigh are a couple of the creditors in the adversary actions. Within six months of leaving Jackson-Walker, Kennedy became counsel for the doctors and worked on their claim for fees against the interest of MindPrint. Even though Jackson-Walker objected to Kennedy s representation of the doctors, Kennedy continued to represent them first surreptitiously and then directly in matters adverse to MindPrint. While a bankruptcy may have many subparts, Kennedy at least should have known that representing an adversary of his former firm in continuing litigation was impermissible without MindPrint s consent. See Model Rules of Prof l Conduct R. 1.9 (2002). Signed on June 13, 2008, at Houston, Texas. Lynn N. Hughes United States District Judge Dockets.Justia.com
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