In Re Epic Holdings, Inc., Epic Healthcare Group, Inc., and Epic Healthcare Management Co., Relators. in Re Kenneth…

Summary

The Texas Supreme Court granted mandamus, holding that Anderson's counsel must be disqualified under Texas Disciplinary Rule 1.09 because the lawyers previously represented George and EPIC in matters substantially related to the present suit and the suit is adverse; the Court also held that EPIC and George did not waive their right to seek disqualification and that the district court's denial was a clear abuse of discretion. Justice Baker dissented, arguing that the majority misapplied the mandamus standard and that waiver barred relief.