Real Estate Training International, LLC v. Nick Vertucci Companies, Inc.

Proceedings: [IN CHAMBERS] ORDER DENYING MOTION TO DISQUALIFY COUNSEL

Before the Court is a motion seeking. to deprive a party of its chosen counsel. These disqualification motions come with a high risk .of improper motivation, *1006 such as eliminating formidable opponents, disrupting, or harassing the adversary, increasing litigation costs, or distracting from the important issues. See Richard Flamm, Lawyer Disqualification: Conflicts and Other Bases § 25.1 (listing various tactical motivations for bringing a disqualification motion). State bar associations have responded to this risk in various Ways, including by deviating from the ABA model rules to further protect' parties against gamesmanship. Under California rules, parties may avoid the disqualification of their lawyers by consenting to their lawyers’ serving as witnesses. When, as here, such consent is given, the analysis should end.

In this case, Plaintiff Real Estate Training International, LLC (“RETI”) asserts various' claims against Defendants The Nick Vertucci Companies, Inc. and Nick Vertucci (“Defendants”) concerning the dissolution of their business relationship. Defendants filed several counterclaims against…