Howard

FACTS

I. The Disqualification Order

In the underlying litigation, Howard sued defendants in February 2019, alleging liability for a workplace injury (the lawsuit). Shortly after Witzer filed the lawsuit on Howard’s behalf, Melrose “began to work the case up” with Witzer.1 Two months after the lawsuit began, Lee worked for Bullard, Brown & Beal—one of the law firms that represented defendants in the underlying litigation—for “‘less than a month.’” During that time, in April 2019, Lee worked on the lawsuit for “approximately 20 hours” on behalf of defendants. More than three years later, in December 2022, Lee began an independent contractor relationship with Witzer. They had a conversation where Witzer “asked [Lee]

1 For simplicity, we do not distinguish between these individual attorneys and the firms respectively bearing their names.

2 if [she] worked on this particular case, [and she] told him no as [she] did not recall getting involved in the case at Bullard[,] Brown & Beal.” Two days before trial was set to commence, Lee e-mailed defense counsel, introducing herself as part of Howard’s “trial team” and delivering a proposed jury questionnaire. Her e-mail included a reminder…