
IN THE CIRCUIT COURT GREENE COUNTY MISSOURI
IN DIVISION 1
Marc Perkel - pro se )
)
vs. ) No. 197CC0170
)
William A. Wear Jr. )
James R. Sharp )
The Lawfirm of Wear and Sharp )
Vicki Stringfellow )
MOTION TO DISQUALIFY DEFENDANT VICKI STRINGFELLOW'S
ATTORNEYS FOR CONFLICT OF INTEREST
===================================================
COMES NOW, Plaintiff Marc Perkel and asks the Court to prohibit
Defendants Wear and Sharp from representing Defendant Vicki Stringfellow
in this action because such representation would be a conflict of
interest. In support of this motion, Plaintiff states as follows:
(Note: At this time Wear and Sharp have not made and appearance as Vicki
Stringfellows attorney in the proceeding. Plaintiff believes they will.
If Wear and Sharp are not going to attempt to represent Ms. Stringfellow
then Plaintiff withdraws this motion.)
1) That Ms. Stringfellow's attorneys are also defendants in this action
and one defendant can not fairly represent another defendant.
2) If Defendant Stringfellow were represented by separate counsel She
may want to separate herself from the liability of the acts of Wear
and Sharp. Wear and Sharp might want to separate themselves from the
acts of Vicki Stringfellow.
3) If Defendants were found liable to Plaintiff, how would Defendants
Wear and Sharp argue in behalf of Defendant Stringfellow as to the
proportions of individual laibility between themselves.
4) If Defendant Stringfellow is represented by Defendant's Wear and
Sharp, Plaintiff Marc Perkel is denied the opportunity to reach a
separate settlement with Defendant Stringfellow.
5) This representation of Defendant Stringfellow by Codefendant Wear
and Sharp is a blantant violation of the Rules of Professional
Conduct under Rule 1.7 "Conflict of Interest" which states:
" ... when a disinterested lawyer would conclude that the client
should not agree to the representation under the circumstances,
the lawyer involved cannot properly ask for such agreement or
provide representation on the basis of the clients consent."
6) Even if this pleading doesn't yet cause a conflict of interest,
Plaintiff's pleading may be amended in the future after discovery in
a way that would create a conflict of interest. If this should happen
this case would be an ethical mess to sort out. Better that the
conflict of interest not be there in the first place.
7) In the interest of preserving the ethical integrity of the judicial
system, the Court should, on it's own motion, prevent defendants Wear
and Sharp from representing Defendant Stringfellow, even if it is
found that Plaintiff doesn't have the standing to make this motion.
WHEREFORE, Plaintiff prays the Court grant his motion and order the
Defendants Wear and Sharp be prohibited from representing Defendant
Stringfellow.
_______________________________________
Marc Perkel * Plaintiff * 01-23-97
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