Professional Documents
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Motion To Disqualify Attorney Daniel Ferris
Motion To Disqualify Attorney Daniel Ferris
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]
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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
Fredericks, a 16-year-old who was in the care and custody of Defendant Lakeside Academy
providing for “preparation of young men and women for a positive future within a safe and
structured environment.”
Academy.
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.
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
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,”]
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
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,
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PROOF OF SERVICE
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