CV2013-004301 Sallus v. Sunrise Desert Vistas POA - Motion to Disqualify
Inbox / xGuy W. Bluff <>
/ Jan 31
/
to Phillip, Bruce, bcc: me
Mr. Escolar -
My client provided me with a copy of the Complaint which you filed against Sunrise Desert Vistas Property Owners Association CV2013-004301 and filed 25-Jan-2013.
Your filing the complaint poses a significant ethical problem. As you are aware, ER 1.9 prohibits attorneys from representing a party against a former client when it involves the same or substantially related issues. ER 1.10 provides for the imputed conflict of interest when the attorney was a member of a law firm. As you are aware, you were a member of the Borowsky Law Group which represented the Association from Nov/11, 2011 to January 2012. Billings sent from that firm include time charges billed by you while working for the Association as related to the issues either directly or substantially related to the matters which have been raised by Suzanne Sallus against the association. Invoices dated Nov/17/2011 and January 13, 2012 include time charges by you to the Association. In addition to these time billings there are at least 21 separate emails which you either authored or were cc'd on as one of the attorneys for the association during the period of Nov/10/2011 to January 14, 2012.
The conflict caused by your prior representation has never been waived by the Association and I know of no document from you detailing the conflict and even requesting permission to represent Ms. Sallus at both the Administrative proceedings or the current lawsuit initiated and filed by you this past week.
As a matter of professional courtesy to you, I am asking that you voluntarily withdraw from further representation of Ms. Sallus. If you fail to do so, it will be my intention to immediately file a Motion to Disqualify you and to seek sanctions and reimbursement for attorneys fees in having to prepare, file, and argue that Motion as appropriate. Once the Motion to Disqualify has been filed, I will have the ethical duty under ER 8.3 to simultaneously file a formal complaint with the State Bar of Arizona. I abhore the thought of having to take such action but under the circumstances, I see no other alternative.
I ask that you please reconsider the action and path that you have taken in representing Ms. Sallus in the pending lawsuit and voluntarily withdraw from her representation. There are many other fine attorneys available to her here in Maricopa County and the issues presented are not so unique as to compel your continued direct representation of her.
As a point of information, please be advised that the Association has filed a Appeal of the Administrative Decision dated 12/26/2012 and which became final on 01/30/2013. Ms. Sallus should be served later this week.
--
Guy W. Bluff, Esq.
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Reply / Reply to all / ForwardGuy W. Bluff <>
/ Feb 1
/
to me, board, Office
------Forwarded message ------
From: M. Philip Escolar <
Date: Thu, Jan 31, 2013 at 11:59 PM
Subject: Re: CV2013-004301 Sallus v. Sunrise Desert Vistas POA - Motion to Disqualify
To: "Guy W. Bluff" <
Dear Guy,
Thanks for your email and the chance to address your concerns. While
I am certain there is no impropriety in my representation of Suzanne
(I don't think Suzanne's 33-1806 issues are even in the same ballpark
as the election issues Borowsky firm was dealing with), we all know
that the "appearance of impropriety" in the context of imputed
conflicts is what really counts, and if a veteran attorney like you
senses an appearance of impropriety, I really don't see any need to
press the issue, especially given the ease of replacing someone like
me. I also agree with your point that the contested issues are pretty
straightforward and not unique, so just about any attorney with a copy
of the CC&Rs could be plugged in to handle this matter. I've spoken
with Suzanne about the issue, and she is of the same opinion and had
apparently been looking at utilizing larger firms anyway now that
multiple Sallus/SDVPOA matters have reached the Superior Court level,
with supposedly more on the way. So I guess I'm pretty expendable
here.
That said, I'll withdraw.
I must thank you for your tact and the courteous presentation of your
thoughts. I also thank you for the courtesy copies of your recent
pleadings and notices.
At your service,
--
M. Philip Escolar, Attorney
PO BOX 30244
Phoenix, AZ 85046
Office: 480.678.4089
F: 602.492.9976