Know Thy Client
by
Mark Fucile
A recent disqualification decision by the federal district court in Spokane highlights the importance of engagement agreements in defining who is — and who is not — the client.
In Cox v. Alliant Insurance Services, Inc., 2017 WL 4640452 (E.D. Wash. Sept. 19, 2017) (unpublished), the plaintiffs sought a declaratory judgment to void a non-compete. Shortly after the defendants answered, the plaintiffs filed a motion to disqualify defense counsel. Although the motion had several facets — all of which were denied — one is particularly instructive.
