The applicants brought a motion to compel the respondent's counsel to attend an examination under Rule 39.03 and to remove the counsel and his firm as lawyers of record.
The applicants sought to examine the counsel regarding a legal opinion he provided on the validity of proxies submitted during a condominium board election.
The court dismissed the motion, finding that the legal opinion lacked the 'high materiality and necessity' required to compel opposing counsel to testify.
Consequently, as counsel would not be a witness, there was no conflict of interest warranting removal from the record.
