Henderson v. Floyd

The issue in this original mandamus proceeding is whether the district court abused its discretion in refusing to disqualify plaintiffs trial counsel. We hold that it did.

Linda Reed sued Lester Henderson, Jr. for assault, and his father, relator Lester Henderson, Sr., for negligence in failing to warn her of his son’s violent propensities and prevent the assault. Relator is represented by attorney Clint Lewis. About a month before the case was set for trial, plaintiffs counsel associated new co-counsel for trial, Ken Lewis (who is no relation to Clint Lewis). An associate in Ken Lewis’ firm,…