Opinion
2021 CW 1550
01-31-2022
DOUGLAS ROBINS AND KATHERINE ROBINS v. JANIE LANGUIRAND COLES, MOHAMMAD Z. PIRZADAH, M.D., AND MANG, BOURGEOIS & CALLAWAY, LLC
In Re: Douglas Robins and Katherine Robins, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 698051.
BEFORE: McDONALD, LANIER, AND WOLFE, JJ.
WRIT GRANTED. The trial court's September 28, 2021 ruling which disqualified John L. Hammons from serving as counsel herein is reversed. A lawyer is not likely to be a necessary witness when evidence pertaining to each matter to which he could testify is available from another source. See Horaist v. Doctor's Hospital of Opelousas, 255 F.3d 2 61, 2 67 (5th Cir. 2001). We find that based on the documents presented and arguments asserted, defendants, Janie Languirand Coles and Mang, Bourgeois & Callaway, LLC, will be able to support their defense against this fraud action using sources other than Mr. Hammons' testimony. Therefore, the motion to disqualify counsel is denied.
JMM
WIL
EW