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Cromley v. Board of Education | 17 F.3d 1059 (1994)
An attorney representing one client in a dispute accepts a job with the law firm representing the other side of the case. Now what happens? The Seventh Circuit considered the potential conflict of interest in Cromley versus Board of Education.
High school teacher Marcella Ann Cromley, represented by attorney Larry Weiner, sued her employer, the Lockport Township High School District Board of Education, alleging it violated her First Amendment free-speech rights. After two years of pretrial proceedings, Weiner accepted a partnership in Scariano, Kula, Ellch, and Himes, the law firm representing the board. Weiner withdrew as Cromley’s attorney, but the Scariano firm continued to represent the board.
The Scariano firm immediately secured its files regarding this litigation, denying Weiner access to them. The firm instructed all employees not to discuss the case with Weiner, and Weiner didn’t share in the fees generated by the case.
Cromley moved to disqualify the Scariano firm from continuing to represent the board. The district court denied Cromley’s motion, and later granted the board a summary judgment. Cromley appealed to the Seventh Circuit.
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