299 P.3d 477
Okla.2013Background
- Miami and Real Parties in Interest formed a joint venture with Phillips Murrah as general counsel for all parties.
- Fogg, as Miami's COO and principal in Real Parties in Interest, sought Phillips' counsel on matters affecting Miami and the joint venture.
- Miami terminated Fogg in 2010; Miami sued Real Parties in Interest for fiduciary, fraud, contract, and conspiracy claims.
- Miami moved to disqualify Phillips on conflicts under Oklahoma Rules 1.7 and 1.9 based on Phillips representing both sides.
- Trial court overruled the disqualification motion after in camera review of Phillips' billing records; order contained no written factual findings.
- Miami appealed, and the matter was treated as a mandamus/original jurisdiction proceeding to obtain review of the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of disqualification is immediately appealable. | Miami argues denial is final under 12 O.S. 2011 § 953. | Phillips contends not appealable as interlocutory. | Yes, denial is an immediately appealable final order. |
| Whether Rule 1.9, Comment 3 negates need for evidentiary hearing. | Miami says Comment 3 eliminates hearing requirement. | Phillips argues hearing still required by Piette/Arkansas Valley. | No; evidentiary hearing requirement remains. |
| Whether adopting ORPC 1.9, Comment 3 altered substantial relation/conflict standards. | Miami contends Comment 3 changes conflict analysis. | Phillips maintains text controls and hearing is still needed. | ORPC 1.9 Comment 3 did not remove hearing requirement; standard unchanged. |
Key Cases Cited
- Arkansas Valley State Bank v. Phillips, 171 P.3d 899 (Okla. 2007) (conflict-of-interest disqualification requires evidentiary hearing and specific findings)
- Piette v. Bradley & Leseberg, 930 P.2d 183 (Okla. 1996) (necessity of evidentiary hearing and specific factual findings after hearing)
- Towne v. Hubbard, 977 P.2d 1084 (Okla. 1999) (authoritative context for appellate review of disqualification orders)
- McQueen, Rains & Tresch, LLP v. Citgo Petroleum Corp., 195 P.3d 35 (Okla. 2008) (de novo review on contested issues of law; respect for trial findings)
- Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368 (U.S.) (federal authority cited on general principles of conflicts and irreparable harm)