In Re the People of the State of Colorado, Plaintiff v. Conley M. Hoskins and Jane Medicals, LLC, Defendants

Summary

The court exercised original jurisdiction and held that the trial court abused its discretion by disqualifying Petitioners’ retained counsel under Colorado Rule of Professional Conduct 1.9(a). Although the criminal prosecution and prior investigation were substantially related, the prosecution failed to establish with specific facts that Petitioners’ interests were materially adverse to the former client or that any lesser remedy would be ineffective. The court therefore made the rule absolute, reversed the disqualification order, and remanded for further proceedings. Chief Justice Rice, dissenting, would have affirmed because the record sufficiently supported the trial court’s finding of material adversity and the need for disqualification.