Kala v. Aluminum Smelting & Refining Co.

Kala (plaintiff) hired the Spangenberg firm, including attorney Pearson, to sue his former employer, Aluminum Smelting & Refining Company (defendant), which was represented by the Duvin firm. Pearson represented Kala from 1993 to 1995 and received all of Kala's confidences about the case; after the trial court directed a verdict for Aluminum, Pearson filed Kala's appeal and, on January 8, 1996, secured a continuance to file the appellate brief. At the very same time, Pearson was secretly negotiating to join Duvin - the firm representing Aluminum - without telling Kala. Two weeks later, Pearson left Spangenberg for Duvin. Kala moved to disqualify both Pearson and the entire Duvin firm from continuing to represent Aluminum in his own appeal, and the court of appeals granted that motion. Aluminum appealed.