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13 Maine opinions name it 2 courts 2002–2024 4 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Morin v. Maine Education Ass'ngreen2 sentences2024As to the first prong, the moving patty "has the burden of demonstrating more than mere speculation that an ethics violation occurred; she must establish in the record that continued representation of the nonmoving patty by that party's chosen attorney results in an affirmative violation of a particular ethical rule." Id. ,r 9. 2024As to the second prong, comts "will not assume the existence of prejudice to the moving party just by the mere fact that an ethical violation was committed." Id. ,r 10. | 1 | 9 |
Koch v. Koch Industriesgreen2 sentences2010Furthermore, I would not require a court to make express findings of an ethical violation because a trial record may contain enough to show that an ethical violation occurred. [¶ 15] As the dissent notes, "[t]he standard of review for orders disqualifying or refusing to disqualify counsel is highly deferential." Casco N. Bank v. JBI Assocs., 667 A.2d 856, 859 (Me.1995); see also Koch v. Koch Indus., 798 F.Supp. 1525, 1530 (D.Kan.1992) ("Within the inherent supervisory powers of the court is the discretionary authority to control attorneys."), cited with approval in Casco N. Bank, 667 A.2d at 8 2010Furthermore, I would not require a court to make express findings of an ethical violation because a trial record may contain enough to show that an ethical violation occurred. [¶ 15] As the dissent notes, “[t]he standard of review for orders disqualifying or refusing to disqualify counsel is highly deferential.” Casco N. Bank v. JBI Assocs., 667 A.2d 856, 859 (Me.1995); see also Koch v. Koch Indus., 798 F.Supp. 1525, 1530 (D.Kan.1992) (“Within the inherent supervisory powers of the court is the discretionary authority to control attorneys.”), cited with approval in Casco N. Bank, 667 A.2d at 8 | 1 | 2 |
Casco Northern Bank v. JBI Associates, Ltd.green2 sentences2010Furthermore, I would not require a court to make express findings of an ethical violation because a trial record may contain enough to show that an ethical violation occurred. [¶ 15] As the dissent notes, “[t]he standard of review for orders disqualifying or refusing to disqualify counsel is highly deferential.” Casco N. Bank v. JBI Assocs., 667 A.2d 856, 859 (Me.1995); see also Koch v. Koch Indus., 798 F.Supp. 1525, 1530 (D.Kan.1992) (“Within the inherent supervisory powers of the court is the discretionary authority to control attorneys.”), cited with approval in Casco N. Bank, 667 A.2d at 8 2010Furthermore, I would not require a court to make express findings of an ethical violation because a trial record may contain enough to show that an ethical violation occurred. [¶ 15] As the dissent notes, “[t]he standard of review for orders disqualifying or refusing to disqualify counsel is highly deferential.” Casco N. Bank v. JBI Assocs., 667 A.2d 856, 859 (Me.1995); see also Koch v. Koch Indus., 798 F.Supp. 1525, 1530 (D.Kan.1992) (“Within the inherent supervisory powers of the court is the discretionary authority to control attorneys.”), cited with approval in Casco N. Bank, 667 A.2d at 8 | 1 | 1 |
Adam v. MacDonald Page & Co.green2 sentences2010Indeed, to allow disqualification with proof of anything less than such actual prejudice would be to invite movants to employ this "obvious vehicle for abuse." Id. at 464 . [¶ 11] Moreover, if the moving party produces evidence of both an ethical violation and actual prejudice, any court order disqualifying the attorney must include express findings of that ethical violation and resulting prejudice. 2010Indeed, to allow disqualification with proof of anything less than such actual prejudice would be to invite movants to employ this “obvious vehicle for abuse.” Id. at 464 . [¶ 11] Moreover, if the moving party produces evidence of both an ethical violation and actual prejudice, any court order disqualifying the attorney must include express findings of that ethical violation and resulting prejudice. | 1 | 1 |
State v. Morgangreen2 sentences2003It does not in any event require exclusion of the evidence in question in this case.... [W]e refuse to exclude relevant evidence by applying the exclusionaty concept to conduct which is not of constitutional magnitude.”); State v. Morgan, 231 Kan. 472 , 646 P.2d 1064, 1070 (1982) (”[T]he function of the Code of Professional Responsibility is to prescribe the standards of conduct for members of the bar. 2003It does not in any event require exclusion of the evidence in question in this case.... [W]e refuse to exclude relevant evidence by applying the exclusionaty concept to conduct which is not of constitutional magnitude.”); State v. Morgan, 231 Kan. 472 , 646 P.2d 1064, 1070 (1982) (”[T]he function of the Code of Professional Responsibility is to prescribe the standards of conduct for members of the bar. | 1 | 1 |
State v. Johnsongreen2 sentences2003Bar discipline can be initiated by The Florida Bar ...,” thus achieving the goal without the "overkill” of suppression.); State v. Johnson, 318 N.W.2d 417, 437 (Iowa 1982) ("The alleged ethical violation should be considered by the Committee on Ethics and Conduct of The Iowa State Bar Association in accordance with [a] Court Rule .... 2003Bar discipline can be initiated by The Florida Bar ...,” thus achieving the goal without the "overkill” of suppression.); State v. Johnson, 318 N.W.2d 417, 437 (Iowa 1982) ("The alleged ethical violation should be considered by the Committee on Ethics and Conduct of The Iowa State Bar Association in accordance with [a] Court Rule .... | 1 | 1 |
Balian v. Board of Licensure in Medicinegreen2 sentences2002See Balian v. Bd. of Licensure in Medicine, 1999 ME 8 , FJ 12, 13, 722 A.2d 364, 367 (Board’s failure to disclose the ethical standard 2. 2002See Balian v. Bd. of Licensure in Medicine, 1999 ME 8 , FJ 12, 13, 722 A.2d 364, 367 (Board’s failure to disclose the ethical standard 2. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Estate of Markheim ex rel. Shumway v. Markheim
green
2 sentences2010In order to protect a client’s choice of counsel, however, see Estate of Markheim v. Markheim, 2008 ME 138, ¶ 20 , 957 A.2d 56, 61 , disqualification of counsel must be based on evidence of an ethical violation or actual prejudice. [¶ 16] The party moving for disqualification “has the burden of showing the grounds for disqualification, producing more than mere speculation and sustaining a reasonable inference of an ethical violation.” Casco N. Bank, 667 A.2d at 859 (quotation marks omitted). 2010In order to protect a client’s choice of counsel, however, see Estate of Markheim v. Markheim, 2008 ME 138, ¶ 20 , 957 A.2d 56, 61 , disqualification of counsel must be based on evidence of an ethical violation or actual prejudice. [¶ 16] The party moving for disqualification “has the burden of showing the grounds for disqualification, producing more than mere speculation and sustaining a reasonable inference of an ethical violation.” Casco N. Bank, 667 A.2d at 859 (quotation marks omitted). | 1 | 2010–2010 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.