C.A. 4th;
G053563

The Fourth Appellate District reversed a trial court order. The court held that the record failed to support plaintiff's claim of either a client or nonclient confidential relationship with opposing counsel warranting disqualification.

Angelica Lynn and her firm allegedly entered into a partnership agreement with Steve George and Real Estate Portfolio Management, LLC to buy and sell real property. The relationship soured, and Lynn sued George and REPM for breach of the partnership agreement and related causes of action. Attorney Kevin Spainhour and his law firm, which had represented George and REPM for several years, undertook to present them. Lynn moved to disqualify Spainhour on the ground he had also represented the alleged partnership and had provided Lynn legal advice relating to a proposed sale transaction. Alternatively, Lynn asserted she had a confidential nonclient relationship with Spainhour.

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