Brooks v. Foster

In this case we address whether the Respondent’s allegation that Petitioner’s chosen counsel will be a fact witness based on counsel’s sworn statement opposing the Respondent’s claim of exemption as to certain bank accounts in a garnishment proceeding satisfies the burden Respondent bears to demonstrate that the counsel’s testimony is necessary and therefore requires disqualification. We determine that the sworn statement, without more, is insufficient to satisfy the burden and thus, the trial court’s decision to disqualify chosen counsel was premature.

Petitioner, Dennis L. Brooks (“Brooks”),…