Attorneys – Disqualification

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Where a motion has been filed to disqualify an attorney from representing both a plaintiff limited liability company and a third-party defendant, the motion should be allowed because the interests of those two parties are adverse.

“… Clearly, [third-party defendant Sean] Morrison owed a fiduciary duty of good faith and loyalty to [plaintiff] Cannaburg [Cultivation Cooperative, LLC] at all relevant times, and whether he breached that duty has been put at issue in this case. …

“Here, in his capacity as manager of Cannaburg, [Robert J.] Bujold has asserted a claim based on Morrison’s alleged breach of the fiduciary duty he owed to Cannaburg as a member and manager. Thus, Cannaburg’s interests are directly adverse to Morrison’s with respect to the breach of fiduciary duty claim. …

“… The court concludes that Rule 1.7 prohibits Atty. [Katherine] Bierwas from representing both Cannaburg and Morrison, as their interests are directly adverse and cannot be waived.”

Cannaburg Cultivation Cooperative, LLC v. 310 Broad Street II, LLC, et al. v. Morrison (Lawyers Weekly No. 12-029-24) (11 pages) (Yarashus, J.) (Worcester Superior Court) (Civil Action No. 2085CV491D) (July 19, 2024).

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