The Board of County Commissioners of Harmon County v. Association of County Commissioners of Oklahoma Self-Insured Group

Summary

The Oklahoma Supreme Court reviewed the denial of a motion to disqualify counsel in litigation involving an association’s liability protection agreement and alleged professional negligence. The court held that although the prior and current matters were substantially similar, the evidence did not establish that the attorney possessed material confidential information warranting disqualification, and it affirmed the trial court.

Holdings

1. An order denying a motion to disqualify counsel is immediately appealable as a final order because it affects a substantial right.
2. Counsel should be disqualified only when real harm to the integrity of the judicial process is likely to result if counsel is not disqualified; the moving party bears the burden of proving that likelihood by a preponderance of the evidence.
3. Although Rooney's prior and current matters were sufficiently similar for purposes of the disqualification inquiry, disqualification was not required because the evidence showed that he possessed only general information about ACCO-SIG's policies and no material confidential information relating to the prior representation.
4. Because Rooney was not required to be disqualified, his law firm was not required to be disqualified on the same basis.

Questions Presented

1. Whether the denial of ACCO-SIG's motion to disqualify Erin Rooney and his law firm was immediately appealable.
2. Whether Rooney's prior representation of ACCO-SIG involved the same or a substantially related matter and materially adverse interests under Oklahoma Rules of Professional Conduct Rules 1.9 and 1.10.
3. Whether Rooney obtained material confidential information from ACCO-SIG such that his continued representation of the Board would likely cause real harm to the integrity of the judicial process.
4. Whether the alleged conflict required disqualification of Rooney's entire law firm.

Disposition

affirmed