Ali Kazemini and Ferdous Mehjerdi Mollai

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
ALI KAZEMINI and FERDOUS MOLLAI, 	No. 11-11826
Debtor(s).
______________________________________/
Memorandum on Objection to Employment
_________________
Thomas P. Kelly, Jr., and his son, Thomas P. Kelly III, maintain nominally separate law
practices at the same location and frequently take cases together. In this case, they seek to be
employed jointly as counsel for the Chapter 11 debtors in possession. The U.S. Trustee objects,
arguing insufficient disclosure with respect to the two firms and the arrangement between the two
firms. While the court agrees a little with the objection, the bigger problem from the Court’s
standpoint is when only one of them seeks employment. Counsel are not free to avoid conflicts or
disclosure by maintaining nominally separate practices.
The court will approve the joint representation in this case and in any other case where the two
Kellys are to be joint counsel and give proper disclosure. However, the court will not, in any future
case, authorize the employment of either unless both Kellys are disinterested and all connections of
both are disclosed to the court regardless of whether the representation is to be by both or just one of
them.
Dated: June 27, 2011
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
June 27, 2011
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 11-11826 Doc# 53 Filed: 06/27/11 Entered: 06/27/11 10:15:33 Page 1 of 1