Frank D. Marcum v. Hon. E. Scorsone, Judge (2014-SC-172-MR Fayette Circuit April 2, 2015)

The trial court disqualified the firm from continuing to represent certain shareholders because it had previously represented the Board of the entity of which they are shareholders. A writ of prohibition was requested from the Court of Appeals to prevent the enforcement of the trial court’s disqualification order which was denied. The Supreme Court accepted discretionary review and concluded that the trial court had applied the wrong standard of review, reversed the Court of Appeals and directed the writ of prohibition be granted.

Disqualification of counsel/ Rules of Professional Conduct/Writ of prohibition/ shareholders derivative suit/ appearance of impropriety

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