Bowers v. Ophthalmology Group

In Bowers v. Ophthalmology Group, 733 F.3d 647, 649 (6th Cir. 2013), Bowers filed a lawsuit against his former employer seeking relief for retaliation and gender discrimination. The employer filed a motion to dismiss, which was converted to a motion for summary judgment. Id. at 650. Bowers replied with a motion to disqualify his employer's lawyer because the lawyer's firm had previously represented Bowers in two other matters. Id. The trial court granted the employer summary judgment and then dismissed Bower's motion to disqualify as moot. Id. On appeal, the Sixth Circuit reversed. Id. at 649. In so doing, the Sixth Circuit held that a trial court "must rule on a motion for disqualification of counsel prior to ruling on a dispositive motion because the success of a disqualification motion has the potential to change the proceedings entirely." Id. at 654. If the disqualification is granted, "a court should not reach the other questions or motions presented to it through the disqualified counsel." Id. In such cases, a court should not reach these unanswered issues because the disqualified attorney could have used confidential information to "infect the evidence presented to the court." Id. at 655.