T. S. L., Born C. VERSUS G. L.

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

NO: CW 07-01552

Judgment rendered and mailed to all
parties or counsel of record on
February 6, 2008.

T. S. L., born C.
VERSUS
G. L.

FILED: 12/12/07

On application of T. S. L. for Supervisory Writ in No. 2003-6767 on the docket of the
Fourteenth Judicial District Court, Parish of Calcasieu, Honorable Lilynn Annette
Cutrer.

Counsel for:
Catherine Louise Stagg T. S. L.

Counsel for:
Kathleen Kay G. L.

Lake Charles, Louisiana, on February 6, 2008.

WRIT GRANTED AND MADE PEREMPTORY. We find that the trial
court abused its discretion in denying relator’s motion to disqualify counsel.
A lawyer is responsible for the conduct of their nonlawyer employees, and the
lawyer “having direct supervisory authority over the nonlawyer shall make
reasonable efforts to ensure that the person’s conduct is compatible with the
professional obligations of the lawyer.” La.Rules Prof.Conduct Rule 5.3.
Without informed, written consent, a lawyer is prohibited from representing a
person in the same or substantially related matter in which a firm with which
the lawyer was previously associated represented a client with materially
adverse interests from the person or “about whom the lawyer had acquired
information protected by Rules 1.6 and 1.9(c) that is material to the matter.”
La.Rules Prof. Conduct Rule 1.9(b). Here, a paralegal employed by the
attorney for respondent had prior access to relator’s privileged information
while working for relator’s former counsel. Therefore, because respondent’s

counsel is responsible for the conduct of her employees and because her
paralegal has a direct conflict of interest in this case, this conflict disqualifies
her from representing respondent. Therefore, we reverse, set aside, and vacate
the trial court’s ruling. We remand this matter to the trial court for further
action in accordance with this ruling.

_________________ _________________ _________________
J. D. S. J. C. P. M. G. S.