Park Apartments At Fayetteville, LP v. Shilah Plants

Arkansas’s Rules of Professional Conduct do not require attorney disqualification simply because the attorney had access to client information but did not gain actual knowledge while practicing at her former association. Appellee filed a complaint against Appellants - The Park Apartments at Fayetteville, LP, The Park Apartments at Fayetteville Management Co., and Lindsey Management Co., Inc. (Lindsey) (collectively, the Park), alleging that the liquidated-damages clause in her lease agreement was unenforceable and constituted an illegal penalty. Appellee later filed a motion to disqualify the Park’s attorney and Lindsey’s entire in-house legal department, alleging that Summer McCoy, a staff attorney for Lindsey, had a conflict of interest and that the conflict of interest should be imputed to the Park’s attorney and the entire Lindsey legal department because McCoy was now a part of that department. The circuit court granted the motion to disqualify. The Supreme Court reversed, holding that the circuit court erred in applying Norman v. Norman, 970 S.W.2d 270 (Ark. 1998), when it concluded that access to client information alone was sufficient for attorney disqualification. View "Park Apartments At Fayetteville, LP v. Shilah Plants" on Justia Law