This is the UEP opposition to Rod Parker’s petition for extraordinary relief in the Utah Supreme Court. Recall that in November of 2008, Judge Lindberg disqualified Parker and his firm, Snow, Christenson and Martineau (SC&M) from representing parties against the Trust in litigation. Why? Because Parker has spent years representing the Trust, and a lawyer is not permitted to represent a client against a former client in related litigation. Parker took it to the Supreme Court along with a request for restraining order attempting to halt the sale of Berry Knoll. For some bizarre reason, the Utah Supreme Court stayed the disqualification order — bizarre because it’s now been stayed an entire year and Parker has been able to continue to represent various parties against his former client, despite the impermissible conflict of interest.
The restraining order was ultimately dismissed because it was moot, but the Supreme Court instructed Parker to sever his request to overturn the disqualification order and file it properly or it would be dismissed. Apparently Parker got it right this time, and now the UEP is responding.
Honestly, this seems like a no-brainer. Based on this response from the UEP and the passages they quote form Parker’s motion — it appears Parker has done a very shoddy job, but perhaps it doesn’t even matter because he’s already gotten a years’ mileage out of the delay, and if he’s disqualified, he’ll still be working behind the scenes while some other firm appears in Court acting at Parker’s direction or with his assistance. That’s my opinion anyway. Anyway, Parker’s arguments are misleading and sloppy. He cites cases for propositions that have nothing to do with the cases he cites. It looks as though he is not even trying, or maybe he’s got Willie writing his pleadings now.
I cannot for the life of me figure out why the Supreme Court would have stayed enforcement of the order disqualifying Parker and allowed him to continue his representation to the very obvious disadvantage of his former client, the UEP Trust.
Whatever happens, it appears the UEP is hunkering down and fighting back hard. I like that. A lot.