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Duvall v. Bledsoe

Although an attorney with the firm representing the plaintiff in a medical malpractice action had represented the defendant in connection with his divorce and the creation of a trust for his children while associated with another firm, the lack of a substantial relationship between the prior actions and the current litigation precludes the disqualification of plaintiff's counsel.

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Edwin Duvall brought a medical malpractice/wrongful death suit against multiple defendants, including Dr. Tom Bledsoe.1 Bledsoe moved to disqualify Duvall’s counsel, Coppedge & Leman, P.C., on the basis that attorney Jesse Vaughn, while associated with another firm, represented Bledsoe in connection with divorce and other proceedings. The trial court granted the motion, and Duvall filed an application for interlocutory appeal. We granted the application to address whether the trial court abused its discretion in disqualifying Duvall’s current law firm. For reasons that follow, we reverse. The undisputed facts demonstrate that, after graduating from law school, Jesse Vaughn became an associate of Ledbetter, Little & Smith, a law firm in Calhoun, Georgia. Shortly thereafter, Bledsoe became a client of the firm, and Vaughn handled aspects of Bledsoe’s divorce. Following the issuance of the divorce decree, Vaughn assisted Bledsoe in preparing a trust agreement for his children. In connection with his work, Vaughn became knowledgeable about Dr. Bledsoe’s financial affairs. He also became friends with Bledsoe, and the two socialized outside of the office.

While Vaughn was employed with Ledbetter, Little & Smith, James Ledbetter served as corporate counsel for Calhoun Internal Medicine. Vaughn, however, did not recall doing any corporate work on behalf of the medical practice.

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