Lumpkin & Reeves disqualified by Order issued today

Judge Senter issued an Order ruling Lumpkin & Reeves are disqualified as counsel for McIntosh in McIntosh v State Farm.

The first opportunity this Court had to address the scope of its Memorandum Opinion [1172] and Order [1173] entered in this cause of action is in its order [1183] dated April 16, 2008, which includes the following excerpt:

The Order [1173] entered in the instant case refers to and includes “other attorneys associated as counsel for the plaintiffs by these firms” and “any other associated counsel.” The Court intentionally used broad language because it was unclear to what extent other lawyers were involved in this and other litigation who might argue, for example, that they had never entered a formal appearance on behalf of plaintiffs and, thus, are eligible to represent one or more of them. Whether appearing or not, actual participation in or connections to this or other litigation are major concerns for the Court.

Clearly, Judge Senter intends to call the shots.

The Court also determined that it is necessary to consider requests for relief from this order on a case-by-case basis…

This Court takes no satisfaction in observing that the concerns and reservations expressed in the broad language used in the original opinion and order are proving to be prescient.

The Court is not going to turn what should be straightforward litigation into a continuing and time-consuming exercise of reviewing attorney conduct. There is sufficient involvement with the KLG State Farm Katrina litigation cases to qualify Lumpkin as “other attorneys associated as counsel for the plaintiffs by these [disqualified] firms.”

Lumpkin and Reeves, and its lawyers, are included as “any other associated counsel” and as “other attorneys associated as counsel for the plaintiffs by the[] [disqualified] firms” as contemplated by the [1172] opinion and [1173] order; therefore, they may not participate as counsel in the actions affected by said opinion and order.