Here is my situation, it's a bit of a snafu on both paperwork/ contracts side of things as well entity formation and exactly "who is who" since the project was done as individuals and then slid into a third party company owned by one of the project members. So here is a run down.
Group 1, of characters A,B,C works on a shared project.
After finishing the project the group selects member A to bring the project to the market for sale.
Member A does not sell the project, but secures a license agreement under Member A's own company with no relationship to members B&C.
In the process of securing the license agreement, member A employs lawyer-D for the license agreement to external third parties.
Member C, requests to review the contracts and is repeatedly denied by member A.
Member C retains Copyright and files, Member A files copy right.
Member C enforces copyright.
Member A issues law suit using Lawyer D to member C.
My question, is there grounds for the recusal of the lawyer that was previously employed by the project, or the company on the grounds that the lawyer may have privileged information on group members B and C, and that members B, and C was a previous client of the lawyer A, and that Member A should seek independent counsel on the matter?
Or would this just be taken as the project's counselor and so it is proper to continue to use their services as they are familiar with the project.
Any points in the right direction would be helpful.
--Edit 1 Clarifications:
"Was lawyer D ever retained by A, B, and C as a group, or by either B or C individually?"
This is an unknown. It is unclear as to what capacity Lawyer-D was retained, only that Lawyer-D was retained either by A-personally or by the company under A's control. It is also known that in the process of the first dealing that Lawyer-D had specifically interacted with Group Member-B, as well as A.
In summary: In the first engagement, Member-C had no interactions with Lawyer-D.But Lawyer-D was hired by A or A's company, and interacted with B. (As all mentioned in a public document.)