In a medical malpractice action against two oral surgeons, the plaintiffs moved to remove one defendant's counsel based on a conflict arising from the firm's prior joint representation of both defendants.
Although the former client had earlier given a waiver, the court held that a later agreement that counsel would not act adversely to his immediate interests modified that consent.
Applying the duty of loyalty to former and current clients, and emphasizing public confidence in the administration of justice, the court found it would be difficult if not impossible to conduct the trial without a substantial risk of adversity, compromised process, or mistrial.
The motion was granted and counsel was removed, with new counsel to be retained and a new trial date fixed.
