Shoregate Towers NS, L.L.C. v. Ruple Builders, Inc.

Summary

The Ohio Eleventh District Court of Appeals affirmed the trial court’s order disqualifying Dennis R. Fogarty from representing Ruple Builders, Inc. The court held that Fogarty was a necessary witness under Ohio Prof.Cond.R. 3.7 because of his personal role in drafting, executing, and filing the mechanic’s lien affidavit, and that no substantial-hardship exception applied.

Holdings

1. Fogarty was a necessary witness because his proposed testimony concerning his intent and knowledge when drafting and filing the mechanic's lien affidavit was material and relevant, and the testimony could not be obtained from another available witness.
2. Fogarty failed to establish that his disqualification would cause substantial hardship to Ruple; a longstanding attorney-client relationship, familiarity with the case, and the expense of obtaining new counsel were insufficient, particularly because the case remained in discovery and Ruple had time to retain substitute counsel.
3. The trial court did not abuse its discretion by disqualifying Fogarty from representing Ruple because he was a necessary witness and no exception under Ohio Professional Conduct Rule 3.7 applied.

Questions Presented

1. Whether the trial court abused its discretion by disqualifying Fogarty from representing Ruple under Ohio Professional Conduct Rule 3.7 because he was likely to be a necessary witness.
2. Whether the substantial-hardship exception to Ohio Professional Conduct Rule 3.7 permitted Fogarty to continue representing Ruple.

Disposition

affirmed