Estacion v. Morgan CA4/3
Plaintiffs Mark R. Estacion (Mark), Richard A. Estacion (Richard), and Scott A. Estacion (Scott; collectively plaintiffs) appeal from an order denying their motion to disqualify Charles K. Mills (Mills) from acting as attorney for defendant Sharon Morgan (defendant). They claim uncontroverted evidence supported a finding of disqualification, the court relied on an incorrect legal standard in denying the motion, and the court failed to weigh the interests of maintaining ethical standards of professional responsibility against a party’s right to counsel of her choice. In the disqualification motion plaintiffs also asserted defendant and Mills had stolen documents and on appeal they maintain the court erred in failing to require their return and prohibiting defendant from using them in the case.
The court ruled there was insufficient evidence to support the motion, much of which was based on speculation. We agree and affirm.
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