Motion To Disqualify Attorney Daniel Ferris

STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF KALAMAZOO
TENIA GOSHAY, PERSONAL REPRESENTATIVE

OF THE ESTATE OF CORNELIUS FREDERICK,
DECEASED,
Plaintiff, Case No.: 2020-0226-NO
v. Hon. Alexander C. Lipsey
LAKESIDE FOR CHILDREN d/b/a

LAKESIDE ACADEMY; LAKESIDE ACADEMY;
SEQUEL YOUTH SERVICES OF MICHIGAN, LLC;
SEQUEL TSI HOLDINGS, LLC; SEQUEL YOUTH
AND FAMILY SERVICES, LLC; SEQUEL
ACADEMY HOLDINGS, LLC; AND SEQUEL
YOUTH SERVICES, LLC;
Defendants.
Jonathan R. Marko (P72450) James E. Tamm (P38154)
MARKO LAW, PLLC Daniel J. Ferris (P69633)
Attorney for Plaintiff KERR, RUSSELL AND WEBER, PLC
1300 Broadway Street, Fifth Floor Attorneys for Lakeside for Children
Detroit, MI 48226 and Sequel Defendants
(313) 777-7529; Fax: (313) 771-5785 500 Woodward Avenue, Suite 2500
[email protected] Detroit, MI 48226-3427
(313) 961-0200; Fax (313) 961-0388
[email protected]
[email protected]
Geoffrey N. Fieger (P30441)

FIEGER, FIEGER, KENNEY &
HARRINGTON P.C.
Co-Counsel for Plaintiff
19390 West Ten Mile Road
Southfield, MI 48075
(248) 355-5555
[email protected]
PLAINTIFF’S MOTION TO DISQUALIFY DANIEL FERRIS
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NOW COMES Plaintiff, Tonia Goshay, by and through her attorneys, MARKO
LAW, PLLC, and FIEGER, FIEGER, KENNEY & HARRINGTON, P.C. who as and for
her Motion to Disqualify Daniel Ferris, states as follows:
1. The above-captioned matter arises out of the wrongful death of Cornelius
Fredericks, a 16-year-old who was in the care and custody of Defendant Lakeside Academy
[hereinafter referred to as “Lakeside”] a youth residential facility that markets itself as
providing for “preparation of young men and women for a positive future within a safe and
structured environment.”
2. On April 29, 2020, Fredericks, was suffocated by employees of Lakeside
Academy.
3. He died on June 1, 2020 as result of the asphyxiation.
4. Counsel for the Defendants, Daniel Ferris, has at various times claimed to
represent employees who either were involved in and/or witnessed said event.
5. During discovery depositions, Ferris instructed witnesses who were
employees of Lakeside and/or Sequel Youth Services of Michigan, LLC [hereinafter
referred to as “Sequel”], who, when called to testify, were instructed by Ferris not to answer
questions on the grounds that the attorney-client privilege did not require them to do so.
6. Ferris has claimed attorney client privilege as to all the conversations that he
had with employees and former employees concerning Fredericks’ wrongful death.
7. However, Ferris has also subsequently claimed that he did not represent the
former employees, and he has filed notices of non-parties at fault against those very same
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employees for whom he claimed attorney-client privilege as a basis for preventing them
from providing answers to questions that were propounded in depositions.
8. Based upon the foregoing, it is apparent that Ferris violated Michigan Rules
of Professional Conduct [“MRPC”], to wit: MRPC 1.7, 1.9, 1.10(a), 3.4(a), 8.4(b), 8.4(c),
and MCR 9.104(1). See Affidavit of Michael Alan Schwartz, appended hereto as
Exhibit “A,”]
9. The conduct by Ferris includes conflict of interest, which not only
disqualifies him from representing his current clients in the above-captioned matter, but
also requires, pursuant to MRPC 1.10, that his law firm, and all attorneys who are employed
by said firm, are subject to imputed disqualification that prohibits them from participating
in the above-captioned matter.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court disqualify
Ferris and his law firm from representing anyone in the above-captioned matter and provide
Plaintiff with such other and further relief as may be deemed appropriate.
Respectfully submitted,
/s/: Geoffrey N. Fieger /s/: Jonathan R. Marko

Geoffrey N. Fieger (P30441) Jonathan R. Marko (P72450)
Fieger, Fieger, Kenney & Harrington, P.C. MARKO LAW, PLLC
Co- Counsel for Plaintiff Attorneys for Plaintiff
Dated: March 10, 2021
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PROOF OF SERVICE
The undersigned hereby certifies that she served a copy of the

foregoing upon all attorneys of record at their respective business
addresses as disclosed by the pleadings of record herein on this 10th
DAY of March, 2021.
__US Mail ___ Hand Delivered ___ UPS ___ Other
X Email X ECF ___ Federal Express ___ Facsimile
Signature: /s/ Samantha M. Teal

Legal Assistant to Geoffrey N. Fieger
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Motion To Disqualify Attorney Daniel Ferris

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Motion To Disqualify Attorney Daniel Ferris

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STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF KALAMAZOO

TENIA GOSHAY, PERSONAL REPRESENTATIVE

Plaintiff, Case No.: 2020-0226-NO

v. Hon. Alexander C. Lipsey

LAKESIDE FOR CHILDREN d/b/a

Geoffrey N. Fieger (P30441)

PLAINTIFF’S MOTION TO DISQUALIFY DANIEL FERRIS

her Motion to Disqualify Daniel Ferris, states as follows:

1. The above-captioned matter arises out of the wrongful death of Cornelius

[hereinafter referred to as “Lakeside”] a youth residential facility that markets itself as

2. On April 29, 2020, Fredericks, was suffocated by employees of Lakeside

3. He died on June 1, 2020 as result of the asphyxiation.

5. During discovery depositions, Ferris instructed witnesses who were

employees of Lakeside and/or Sequel Youth Services of Michigan, LLC [hereinafter

from providing answers to questions that were propounded in depositions.

9. The conduct by Ferris includes conflict of interest, which not only

in the above-captioned matter.

WHEREFORE, Plaintiff respectfully requests that this Honorable Court disqualify

/s/: Geoffrey N. Fieger /s/: Jonathan R. Marko

Dated: March 10, 2021

The undersigned hereby certifies that she served a copy of the

Signature: /s/ Samantha M. Teal

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