Issue:

The Applicants, Christina Laughlin and Thompson Laughlin LLP, sought to disqualify Mark Schulz from representing the Plaintiff, Bettina Jenkins Bathe, citing conflict of interest. Schulz had previously represented a former defendant, Michelle Albers, in the same action.

Background:

• Bathe sued multiple defendants in 2019 over alleged investment losses.
• Schulz represented Albers starting August 2024 and negotiated her removal from the case by October 2024.
• Bathe then retained Schulz, who agreed to represent her pro bono after obtaining Albers’ written consent.

Applicants’ Arguments:

• Schulz may have obtained confidential information from co-defendants.
• His switch undermines trust in legal proceedings.

Schulz’s Defense:

• He had Albers’ consent and did not receive confidential information from other defendants.
• His representation would improve case efficiency.

Court’s Analysis:

• Applying McKercher, no risk of improper use of confidential information, impaired representation, or harm to justice was found.
• Under MacDonald Estate, the Applicants failed to prove Schulz received privileged information.
• The Composite Rule did not apply, as no reasonable expectation of confidentiality was established.

Decision:

Application dismissed. Schulz’s representation complied with ethical rules and improved access to justice.

No monetary award, costs, or damages were granted or ordered in the judgment.