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Robbins v. Gillock11/3/1993
related. Mere similarity or a superficial resemblance between prior and present representation is insufficient to justify disqualification. Instead, the focus “‘should be on the precise nature of the relationship between the present and former representation.'” Satellite Fin. Planning, 652 F.Supp. at 1285 (quoting Duncan v. Merrill Lynch, 646 F.2d 1020, 1029 (5th Cir. 1981)); Model Rules of Professional Conduct 1.9, Comment 2. The mere fact that the Martinez case and the instant case both involve allegations of medical malpractice against Dr. Robbins does not demonstrate that the cases are substantially related. Dr. Robbins did not establish that Flores' neurological injury and Martinez' kidney ailment are anything but wholly distinct matters; Dr. Robbins' argument that Gillock might have obtained disadvantageous confidences in his earlier representation of Dr. Robbins is pure speculation.
Accordingly, we affirm the order of the district court dismissing appellant's complaint.
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