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Dwayne B.
Dwayne B., Attorney
Category: Business Law
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Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I am appearing pro se in a USDC lawsuit. An insurance carrier

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I am appearing pro se in a USDC lawsuit. An insurance carrier filed a federal interpleader action against its insured ("Z") and several defendants having claims against the insured.

The carrier seeks to void its policy with the insured under the "known loss" doctrine. They also refute the stipulated judgment I received as the result of federally mandated arbitration and mediation.

I believe it can be proven the "known loss" doctrine does not apply to my claim. However, that's not relevant to this question.

My stipulated judgment was signed by an attorney (not present at the mediation) whose role I am uncertain of (Let's identify this person as "X"). Was X representing the carrier or was X representing the insured?

It's important to note the insured already had a firm that had represented it throughout the arbitration process (Let's call this attorney "Y"). I have also come to find out that this attorney, Y, has represented the carrier in other matters associated with this insured. So Y seems to play both offense and defense for this carrier.

The stipulated judgment I received indemnified the carrier was signed by "X". During the mediation, it was indicated that "Y" could not sign because the firm represented the carrier in other matters. So "X" had to sign my stipulated judgment to avoid a conflict of interest.

The mediation was overseen by a licensed, professional mediator. However, the mediator has done a lot of work for "Y's" firm. Even so, if the mediator is called to testify he'll have to come clean, no?

I now need the testimony of the attorney who signed my stipulated judgment. I need to establish who he was representing in the mediation. However, he is representing the insured. How do I go about disqualifying him as counsel so that he can be called to testify of his role in my mediation?

Why would he have signed a stipulated judgment indemnifying a party who he was not capable of binding? Sounds like a shell game, huh?
You would file a Motion to Disqualify/Recuse Counsel. In it cite the California Rules of Professional Conduct, which you can find at, and specifically Rule 5-210.

However, before you file this you may want to sent him a Notice of Deposition and if he objects, then you file the Motion.

You are going to have to be very, very careful what you ask him and how you ask him because he has an absolute right to assert attorney client privilege on certain matters. You may want to consider hiring a lawyer just to conduct the deposition for you.

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