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Jesse by Reinecke v. Danforth

Wisconsin Supreme Court

485 N.W.2d 63 (1992)

Relevant factsFree

Drs. Danforth and Ullrich (defendants) hired attorney Douglas Flygt of the DeWitt firm to help them form a corporation, MRIGM, in which they became shareholders. Jean Jesse (plaintiff) separately sued the doctors for medical malpractice arising from conduct entirely unrelated to MRIGM and predating its formation, and retained a different DeWitt attorney, Eric Farnsworth, for that suit. The doctors moved to disqualify the entire DeWitt firm from representing Jesse, arguing a conflict of interest from Flygt's earlier work forming MRIGM for them.

IssueFree

Whether, when a lawyer assists individuals in forming a corporation, the entity rule of representation applies retroactively so that the lawyer's pre-incorporation representation relates only to the corporation, not to the individuals who formed it.

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