in Re: Kelly Brady, 12-15-00307-CV

Relator Kelly Brady sued her former employer JKS Travel, Inc. (d/b/a Travel Masters) and CEO Sharon Howell for accounting of commissions, breach of contract, declaratory relief (non‑compete unenforceability), tortious interference, and defamation.
Brady previously retained Gillen & Anderson (specifically James Gillen) to form her new travel business (5 Star Escapes/LLC) and exchanged emails and factual information with Gillen about business setup, tax ID, and concerns about pay and disparagement.
Brady moved to disqualify Gillen & Anderson from representing Defendants, asserting Gillen previously represented her and therefore obtained confidential information substantially related to the current dispute under Tex. Disciplinary R. Prof. Conduct 1.09.
At a November 6, 2015 hearing, Brady testified and submitted a declaration and emails showing communications with Gillen; the trial court (Judge Christi Kennedy) denied the motion to disqualify on November 19, 2015.
Brady filed this petition for writ of mandamus asking the Twelfth Court of Appeals to order the trial court to vacate its denial and disqualify Gillen & Anderson, arguing the denial was an abuse of discretion and that mandamus is appropriate because there is no adequate appellate remedy.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court abused discretion by denying motion to disqualify defense counsel based on prior representation and confidential disclosures	Brady: Gillen & Anderson formerly represented her; she disclosed factual confidences materially related to current claims, so Rule 1.09 and firm‑imputed confidences require disqualification	Defense: (Implicit) trial court found movant did not meet the exacting burden to show actual prejudice or substantial relationship sufficient for disqualification	Trial court denied the motion to disqualify; relator seeks mandamus from appellate court alleging abuse of discretion (petition pending)

CSR Ltd. v. Link, 925 S.W.2d 591 (Tex. 1996) (standard for clear abuse of discretion)
National Medical Enterprises, Inc. v. Godbey, 924 S.W.2d 123 (Tex. 1996) (disciplinary rules guide disqualification; disqualification reviewable by mandamus)
In re Columbia Valley Healthcare Sys., L.P., 320 S.W.3d 819 (Tex. 2010) (irrebuttable presumption that counsel working on a matter obtains client confidences)
In re Sanders, 153 S.W.3d 54 (Tex. 2004) (movant bears burden to prove disqualification; must show actual prejudice)
Walker v. Packer, 827 S.W.2d 833 (Tex. 1992) (mandamus standard: no adequate appellate remedy)
In re Mitcham, 133 S.W.3d 274 (Tex. 2004) (imputation of confidences within firm)