Opinion
Civil Action No. 05-cv-00371-EWN-PAC.
March 7, 2006
ORDER
This is a pro se civil rights action under 42 U.S.C. § 1983. The matter before the court is plaintiff's Motion to Remove Opposing Counsel [filed February 27, 2006] [Doc.#57].
Plaintiff argues that the court should disqualify Jennifer Veiga from representing the defendants in this action based on a conflict of interest because counsel is also a Colorado state senator. See www.leg.state.co.us. Plaintiff contends that if counsel is allowed to continue to represent the defendants, the case "will become political in nature which will hinder the plaintiff's ability to proceed without bias and interference from the state senator's influence that she brings to the mix."
The Colorado Rules of Professional Conduct provide the applicable standards of responsibility for attorneys practicing in this court. See D.C.COLO.L.CivR 83.4. Rule 1.7 of the Colorado Rules of Professional Conduct generally prohibits a lawyer from representing a client if the representation of that client "will be directly adverse to another client," or, if the representation of that client "may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests," unless the client consents after consultation.
The purpose of Rule 1.7 is to ensure an attorney's loyalty to his or her client. See Rule 1.7 Comment. Plaintiff does not cite any Colorado Rule of Professional Conduct which prohibits an attorney who is an elected official from representing a client in a lawsuit solely because the opposing party perceives that he will somehow be prejudiced by that representation. Accordingly, it is
HEREBY ORDERED that plaintiff's Motion to Remove Opposing Counsel [filed February 27, 2006] [Doc.#57] is DENIED.