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Professional Responsibility Keyed to Gillers
Thul v. OneWest Bank
Citation:
2013 WL 212926 (2013)Facts
Attorney William Butler previously worked at the law firm of Wilford & Geske, where he represented IndyMac Bank (which later became OneWest Bank through acquisition) in foreclosure proceedings against homeowners. After leaving Wilford & Geske, Butler began representing homeowners, including Mark Thul, in lawsuits against OneWest Bank regarding mortgage and foreclosure matters. These lawsuits involved similar issues to those Butler had handled while representing IndyMac. OneWest Bank moved to disqualify Butler from representing Thul, arguing that Butler’s prior representation of IndyMac created a conflict of interest under Rule 1.9 of the Minnesota Rules of Professional Conduct. Butler opposed the motion, claiming his work for IndyMac was limited and did not create a substantial relationship with the current matter.
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