The moving party brought a motion to disqualify the responding party's lawyer due to a conflict of interest.
The lawyer had represented the moving party 15 years prior in a family law matter involving his first wife, where issues of income and support were also determined.
The court found that the two cases were sufficiently connected and that the lawyer failed to rebut the presumption that confidential information was imparted during the prior retainer.
The court concluded that there was a realistic risk of a conflict of interest and an appearance of divided loyalties, disqualifying the lawyer from acting against his former client.
