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Saturday, November 20, 2004

Indiana Law - More on Lawrence mayor seeks to bar law firm

Updating an entry from Aug. 5, 2004 quoting from an Indianapolis Star story of that date headlined "Lawrence mayor seeks to bar law firm: Cantwell asks judge to disqualify Ice Miller from city's battle to cut ties to water company," the Star reports today, in a story headlined "Ice Miller won't defend Lawrence Utilities LLC," that:

Lawrence -- Ice Miller filed notice on Friday that the law firm will no longer defend Lawrence Utilities LLC against Lawrence Mayor Deborah Cantwell's lawsuit to sever the city's ties to the private water company.

The law firm still backs the company, formed by several supporters of former Lawrence Mayor Thomas D. Schneider, and will continue to do other legal work for it, said Lou Gerig, president of Sease Gerig & Associates, a local public relations firm. But Lawrence Utilities officials came to believe too much was being made of Ice Miller's involvement in the litigation, said Gerig, a spokesman for Lawrence Utilities. * * *

Cantwell had recently asked Marion Superior Court Judge David Dreyer to remove Ice Miller, citing a potential ethical conflict. City officials have argued for months that Ice Miller should be disqualified because the firm's attorneys might have to testify at trial. Phillip L. Bayt, a managing partner for Ice Miller, wrote the initial contract with Lawrence Utilities at Schneider's direction.

From mid-2001 through the end of last year, when Schneider left office, the law firm represented both the city and the water company. Cantwell, a Democrat, cited an ethics rule prohibiting lawyers from switching sides and working against interests of former clients. Ice Miller's attorneys say Bayt and others at the firm acted as "scriveners," or clerks -- not attorneys -- when they drew up the city's initial contract with Lawrence Utilities.

[Update 11/21/04] More on issues surrounding the Lawrence water utility contract may be found today in this front page Indianapolis Star story, which includes links to a number of the documents relevant to the story.

Posted by Marcia Oddi on November 20, 2004 10:49 AM
Posted to Indiana Law