Blair et al v. Fotso et al

IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In Re: 	*
Jean Claude Fotso and
Berthe Fotso
* 	Case No. 	05-29843
* 	Chapter 	7
*
Debtors 	*
************************************* 	*
Carol Blair, et al. 	*
*
*
Plaintiffs 	*
vs. 	* 	Adversary 	No. 05-09069
Jean Claude Fotso and
Berthe Fotso
*
*
*
Defendant 	*
MEMORANDUM OF DECISION
Before this court is the Defendants' Motion to Disqualify Walter T. Evans as Attorney for
Plaintiffs. The Defendants assert that Mr. Evans should be disqualified from continuing to
represent Plaintiffs in this adversary proceeding on account of his prior representation of the
Defendants. According to the Defendants, Mr. Evans has represented them with respect to several
different matters since the 1990s, including a banking dispute and an automobile accident.
Defendants maintain that, during the course of such representation, they disclosed confidential and
financial information to Mr. Evans. Defendants assert that Mr. Evans' representation of Plaintiffs in
Date signed March 22, 2006
Entered: March 23, 2006 Case 05-09069 Doc 26 Filed 03/23/06 Page 1 of 2

the instant matter violates Rule 3.7(a) and Rule 1.7(a) of the Maryland Rules of Professional
Conduct.
The court notes that Defendants sought to disqualify Mr. Evans from representing Plaintiffs
during the course of a civil proceeding in the Circuit Court for Montgomery County. 	Defendants
filed a complaint with the Attorney Grievance Commission of Maryland and then, upon the
Commission's failure to find a violation of the Maryland Rules of Professional Conduct by Mr.
Evans, filed a motion to disqualify Mr. Evans as Plaintiff's counsel in the Circuit Court proceeding.
In denying the motion to disqualify, the Circuit Court concluded that the motion was without merit,
characterizing it as "an effort to harass, block or hinder the plaintiffs' case."
Upon careful review of the record, and of the decisions rendered by the Attorney Grievance
Commission and the Circuit Court for Montgomery County in particular, the court will deny
Defendants' motion to disqualify. An appropriate order will be entered.
cc: 	All Parties
All Counsel
End of Memorandum of Decision
Case 05-09069 Doc 26 Filed 03/23/06 Page 2 of 2