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Duvall v. Bledsoe7/8/2005
uing duty to preserve confidentiality of information about a client formerly represented." Failure to adhere to this rule could lead to Vaughn's disbarrment. Given this distinct and harsh penalty, we will not presume that Vaughn will disclose confidential financial information either to the detriment of his former client or to himself.
Bledsoe also contends that Coppedge & Leman should be disqualified because Vaughn's former firm represented Calhoun Internal Medicine. According to Bledsoe, Vaughn "necessarily has knowledge or has access to knowledge from [such] prior representation of Calhoun Internal Medicine's practices, policies, procedures, reporting requirements, and of ongoing and recurring problems facing Calhoun Internal Medicine.
Again, however, Vaughn was unable to recall working on any corporate matters for Calhoun Internal Medicine. He thus determined that his former representation created no legal conflict to his law firm accepting the subsequent medical malpractice/wrongful death claim. Under these circumstances, Bledsoe bears the burden of establishing that Vaughn's firm should be disqualified. To do so, he must "show that the matters embraced within the pending suit are substantially related to the matters or cause of action wherein [Vaughn] previously represented the party." Here, Bledsoe does not set forth any specific matter or action in which Vaughn might have been involved with regard to Calhoun Internal Medicine. And Bledsoe's bare assertion that Vaughn was involved is insufficient to sustain his burden. Under these circumstances, Bledsoe failed to establish that the prior divorce action is substantially related to the current litigation, and the trial court abused its discretion in concluding otherwise.
Judgment reversed. Johnson, P. J., and Barnes, J., concur.
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