tte v. Owners Ins. Co

Summary

The court made absolute a rule to show cause and held that the district court erred by refusing to disqualify the plaintiff’s co-counsel under Colo. RPC 1.9(a). The prior and current representations were substantially related because counsel likely possessed confidential information about the insurer’s claims-handling practices and personnel that could materially advantage the plaintiff and disadvantage the insurer. The court also exercised original jurisdiction because an ordinary appeal would not adequately remedy the potential disclosure and use of confidential information.