10 Fla. L. Weekly Supp. 43a
Insurance — Personal injury protection — Attorneys — Disqualification — Where attorney who previously worked for a law firm that was staff counsel for insurer was not privy to confidential information and strategy which would breach Rules of Professional Conduct and did not use confidential documents or information prepared by insurer in the preparation of her pleadings, motion to disqualify attorney from representing medical providers is denied
BARNES FAMILY CLINIC, etc., Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 7th Judicial Circuit in and for Volusia County. Case No. 2001-34546-COCI. BARNES FAMILY CHIROPRACTIC, etc., Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. Case No. 2001-34548-COCI. COMPLETE WELLNESS MEDICAL CENTER, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. Case No. 2001-34905-COCI. PINE CASTLE CHIROPRACTIC CENTER, etc., Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Case No. 2002-30258-COCI. BARTON LAKE HEALTHCARE CENTERS, Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Case No. 2001-35522-COCI. CHARLES TUCKER, D.C., etc., Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Case No. 2001-34567-COCI. COMPLETE WELLNESS MEDICAL CENTER, etc., Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. Case No. 2001-35459-COCI. CHARLES TUCKER, D.C., etc., Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Case No. 2001-34569-COCI. PINE CASTLE CHIROPRACTIC CENTER, etc., Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Case No. 2002-30255-COCI. COMPLETE WELLNESS MEDICAL CENTER, etc., Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. Case No. 2002-30530-COCI. REINHARDT CHIROPRACTIC, etc., Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. Case No. 2002-31400-COCI. CHARLES TUCKER, D.C., etc., Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Case No. 2001-34445-COCI. BARNES FAMILY CLINIC, etc., Plaintiff, v. ALLSTATE INDEMNITY COMPANY, Defendant. Case No. 2001-34551-COCI. November 5, 2002. H. Pope Hamrick, Jr., Judge. Counsel: Kimberly Simoes, Susan W. Tolbert, P.L., Daytona Beach. Virgil W. Wright, III. Greg A. Victor.
ORDER
This cause came before the Court on Defendant Allstate Insurance Company’s Motion to Disqualify Kimberly Simoes, an Attorney who represents several Plaintiffs in suits against Allstate. Extensive hearings were held on June 11, 2002 and September 10, 2002. In all of the hearings, several Judges sat En Banc, but have submitted separate decisions. Specifically, Allstate Insurance Company has stated in its Motion that Simoes and her law firm of Wyatt and Tolbert has violated Rule 4-1.9 and Rule 4-1.10 of the Rules of Professional Conduct Regulating the Florida Bar because Simoes had been employed by a firm that acted as staff counsel for Allstate. Because of her employment and her work while there they argue that she violated the attorney-client relationship prevented by the above referred to Rules. The hearings were extensive with both sides presenting evidence, testimony of witnesses, and cases for review by the Court. After review of all of the above, the Court finds as follows:
1. Attorney Simoes was employed by the law firm of Leonard C. Bishop in Ft. Lauderdale, Florida for approximately one year and that firm was staff counsel for Allstate.
2. While employed, she was assigned PIP, UM and third party cases. After she left the employment and started working for Wyatt and Tolbert it was almost nine months before she filed the various lawsuits in question.
3. The Court finds after review of the testimony that Simoes was not privy to confidential information or strategy developed by Allstate, which would breach the Rules of Professional Conduct. Further, that Simoes did not use documents, papers or information prepared by Allstate confidential in nature in the preparation of her pleadings.
It is therefore,
ORDERED and ADJUDGED that the Defendant Allstate Insurance Company’s Motion to Disqualify Kimberly Simoes and the firm of Wyatt and Tolbert is hereby DENIED.
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