Hurley v. Hurley, 2007 ME 65

Summary

The Maine Supreme Judicial Court affirmed an order disqualifying an attorney from representing one spouse in a divorce because the attorney had previously represented the other spouse in a personal injury action. The court held that the prior and present matters were substantially related and that the prior representation involved confidential information potentially relevant to issues including parental rights, support, and property distribution. The court also rejected the due process argument.

Holdings

1. The matters were substantially related, independently requiring Spurling's disqualification under Maine Bar Rule 3.4(d)(1)(i).
2. The confidential-information prong independently required disqualification because the divorce action may involve use of Nadine's confidential health, income, and litigation-related information.
3. John's due-process contention did not merit further discussion.

Questions Presented

1. Whether Nadine's personal injury action and the parties' divorce action were substantially related under Maine Bar Rule 3.4(d)(1)(i).
2. Whether the divorce action may involve the use of confidential information Spurling obtained while representing Nadine in the personal injury action.
3. Whether the disqualification proceeding denied John due process.

Disposition

affirmed