Piette v. Bradley & Leseberg

1996 OK 124, 930 P.2d 183, 67 O.B.A.J. 3566, 1996 Okla. LEXIS 139, 1996 WL 670594

Opinion

ORDER

This appeal from a trial judge’s order disqualifying a law firm based on conflict of interest was correctly brought under the provisions of 12 O.S. 1991 § 953, Hammonds v. Osteopathic Hospital Founders Association, 917 P.2d 6 (Okl.1996).

The trial judge’s disqualification order is summarily reversed and the cause remanded for an evidentiary hearing. If, after holding a hearing, the trial judge should determine that plaintiffs attorneys should be disqualified, its order of disqualification must include a specific factual finding that attorney Wagner had knowledge of material and confidential information. Parker v. Volkswagenwerk, 245 Kan. 580, 781 P.2d 1099 (1989), Lansing-Delaware Water District v. Oak Lane Park, Inc., 248 Kan. 563, 808 P.2d 1369 (1991).

ALMA WILSON, C.J., KAUGER, V.C.J., and HODGES, HARGRAVE, OPALA, and SUMMERS, JJ., concur. LAVENDER, J., dissents.

VOTE FOR PUBLICATION:

ALMA WILSON, C.J., KAUGER, V.C.J., and HODGES, OPALA, SUMMERS, JJ., concur;

LAVENDER and HARGRAVE, JJ., dissent.