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J.G. Ries & Sons, Inc. v. Spectraserv, Inc.

894 A.2d 681 (2006)

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J.G. Ries & Sons, Inc. v. Spectraserv, Inc.

New Jersey Superior Court
894 A.2d 681 (2006)

  • Written by Sharon Feldman, JD

Facts

Spectraserv, Inc., operated on property owned by Modern Transportation Company (Modern) (defendants) near property owned by J.G. Ries & Sons, Inc. (Ries) (plaintiff). Both Spectraserv and Ries were members of trade association Lincoln North Development Corporation (Lincoln). Pearce Fleisig, LLC (Pearce) sued Spectraserv and Modern on behalf of Ries, seeking damages for Spectraserv’s noxious fumes. Pearce subsequently challenged a trucking-related zoning-ordinance amendment on Lincoln’s behalf. Spectraserv moved to disqualify Pearce from representing Ries, claiming Spectraserv was a vicarious Pearce client based on its Lincoln membership and a direct client because it had provided business information to a Lincoln representative in connection with an earlier zoning challenge. Spectraserv had not requested nor had Lincoln agreed the information would remain confidential, and much of the information was publicly available. The court disqualified Pearce under Rule of Professional Conduct (RPC) 1.7(a), concerning conflicts of interest, and found RPC 1.13, permitting a lawyer for an organization to also represent any member provided the lawyer follows the conflict-of-interest rules, inapplicable. Ries appealed.

Rule of Law

Issue

Holding and Reasoning (Wefing, J.)

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