Justice Linda Christopher
In a matrimonial action, husband moved to disqualify attorney MD, and law firms B&L and G&C from representing wife arguing B&L was associated with G&C. Wife argued the relationship between the firms did not constitute an association under the Rules of Professional Conduct. An attorney from G&C advised husband there appeared to be a conflict of interest as he had a prior consultation with wife on the same divorce matter, but was also conflicted as he previously represented husband’s brother in his divorce suit. The issue was if there was currently a relationship rising to the level of "association" contemplated by Rule 1.10(a), necessitating imputation of G&C’s conflict to B&L as B&L had an association with an attorney from G&C requiring disqualification of MD due to his enlisting the services of B&L as co-counsel. The court found husband failed to meet his burden of showing that disqualification of B&L or MD was warranted, noting while G&C would be prohibited from representing wife, such conflict was not imputed to B&L. It noted B&L was a separate and distinct practice from G&C and there was no exclusive or regular "of counsel" relationship between the attorneys of the firms to be deemed "associated."
