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Additionally, the motion must be "promptly presented" to the trial court for "immediate ruling." Id. /P 12 0 R /S /TOCI >> endobj << 102 0 obj /Pg 45 0 R /Lang (EN-US) endobj /Filter /FlateDecode /A 524 0 R 289 0 obj 227 0 obj /P 505 0 R >> endobj /Lang (EN-US) /Parent 11 0 R /Type /Page /P 506 0 R /Pg 29 0 R /P 80 0 R /S /P /Annots [] /Resources 474 0 R >> endobj /CropBox [0 0 612 792] /K 0 endobj /Pg 44 0 R << /Lang (EN-US) 40 0 obj /S /P /Pg 22 0 R 0000006276 00000 n endobj << [ii] However, an order is final and appealable when it disqualifies a law firm which has represented a defendant during the trial from continuing its representation during an appeal, due to a conflict created when an attorney who represented the . 355 0 R 356 0 R 357 0 R 358 0 R 359 0 R 360 0 R 361 0 R 362 0 R 363 0 R 190 0 R R. Evid. /S /P endstream endobj 234 0 obj <. 259 0 obj /K 10 This written response must be filed within two days after the motion to disqualify was . An important requirement contained in rule 2.160 (e) is that a disqualification motion must be made within 10 days after the "discovery of the facts constituting the grounds" for the motion. /P 12 0 R endobj /Pg 23 0 R >> >> /P 12 0 R However, by understanding the underpinnings of this ethical issue, attorneys will be better prepared to anticipate, respond to, or even avoid motions to disqualify. 161 0 obj /Pg 17 0 R /Pg 16 0 R /Lang (EN-US) endobj /Marked true /P 509 0 R %PDF-1.6 /P 508 0 R /Lang (EN-US) 14 [123 0 R 125 0 R 126 0 R null 315 0 R 316 0 R 315 0 R null 317 0 R null /CropBox [0 0 612 792] endobj Legal Ethics 71, 77 (Winter 2014). endobj endobj PDF Bikkani v. Lee - Supreme Court of Ohio As the motion describes, the purpose of the Compensation Pilot is to address a financial /P 12 0 R The conflict is imputed to everyone in the law firm, and most certainly the firm will require more than one week to respond to the motion to disqualify. UNITED STATES' RESPONSE TO DEFENDANT'S MOTION TO DISQUALIFY PROSECUTORS MARK R. ROSMAN AND KAREN J. >> /S /P /P 12 0 R /CropBox [0 0 612 792] Ct., 704 P.2d 851, 853 (Colo. 1985)). /Resources 407 0 R endobj >> << Under the Colorado Rules of Professional Conduct (Colorado Rules or Colo. RCP), an attorney must safeguard client confidences and secrets, subject to a few exceptions.2 The attorney is also obligated to elevate the clients interests above the interests of the attorney and the law firm. Appeals Regarding Disqualification of Judges or Counsel endobj endobj >> /Pg 29 0 R /P 12 0 R << /P 508 0 R endobj /Parent 10 0 R /P 12 0 R /Pg 22 0 R endobj 1. /Pg 42 0 R << /K 16 1. Second, take effective steps to mitigate, if not eliminate, risks that a former clients confidences and secrets might be accessible to attorneys working on a matter involving the former client.