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Professional Responsibility Keyed to Hazard
Nemours Foundation v. Gilbane
Facts
Bradley, an attorney with Biggs & Battaglia, counsel for Pierce (Defendant), was a prior employee of Berg & Associates. In a lawsuit against Pierce (Defendant), Berg represented Furlow (Plaintiff), a co-party of Nemours Foundation (Nemours) (Plaintiff), and was also co-counsel for Nemours (Plaintiff). Nemours (Plaintiff) was the architectural firm on the project that generated the underlying lawsuit. Furlow (Plaintiff) the mechanical engineer, Gilbane (Defendant) the general contractor, and Pierce (Defendant) a subcontractor. Neither Bradley nor Biggs knew of the other’s involvement in this litigation. When it became known, Bradley and his superiors at Biggs took immediate steps to screen him from any contact with the Pierce (Defendant) litigation. Nemours (Plaintiff) moved to have both Bradley and Biggs disqualified as counsel for Pierce (Defendant) because of Bradley’s former association with Berg.
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