The Park Apartments at Fayetteville, Lp the Park Apartments at Fayetteville Management Company, LLC — Baker, J…

Summary

Justice Baker dissented from the majority's reversal and remand of an order disqualifying Park's attorney and Lindsey's in-house legal department. She would have retained the prior interpretation of Rule 1.9, under which the challenged attorney bears the burden of proving both lack of knowledge and lack of access to confidential information, and would have considered the appearance-of-impropriety principle. Justice Baker would have affirmed the disqualification order.