U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

MICHEAL P. HUERTA, ADMINISTRATOR, 

Federal Aviation Administration, 

RECEIVED 

OCT 0 8 2014 

HEARING DOCKET 

FDMS NOS. FAA 2013-0851 and 

FDMS 2013-0852 

REGENT AEROSPACE CORPORATION 

Respondent. 

RESPONDENT'S MOTION TO DISQUALIFY ATTORNEY ZURALES 

Respondent, REGENT AEROSPACE CORPORATION, by and through its counsel, 

HOFF LAW GROUP, and pursuant to ABA Model Rule 3.7 and Illinois Ru1e of Professional 

Conduct 3.7, hereby moves the Court to disqualify attorney Christopher Zurales, Esq. from 

acting as counsel for the Administration, and respectfully states as follows: 

Christopher Zurales, Esq., has been identified as lead counsel for the Administrator. He 

has also been designated as a key witness to be called by Respondent on the issue of laches. 

Mr. Zurales is an Illinois licensed attorney. Therefore, he is bound and constrained by 

the ethical requirements of the Illinois Rules of Professional Conduct. Illinois Rule of 

Professional Conduct 3.7 (which is modeled after ABA Rule 3.7) provides as follows: 

RULE 3. 7: LAWYER AS WITNESS 

(a) A lawyer shall not act as advocate at a trial in which the lawyer is 

likely to be a necessary witness unless: 

(1) the testimony relates to an uncontested issue; 

(2) the testimony relates to the nature and value of legal serv1ces 

rendered in the case; or 

(3) disqualification of the lawyer would work substantial hardship on 

the client. 

(b) A lawyer may act as advocate in a trial in which another lawyer in 

the lawyer's firm is likely to be called as a witness unless precluded from 

doing so by Rule 1.7 or Rule 1.9. 
The most important consideration for Rule 3. 7 is to eliminate the possibility that the 

attorney may not be a fully objective witness (while at the same time serving as an "advocate), 

and may be perceived by the fact finder as "distorting" (or using selective versions of) the truth 

in order to zealously advance the interests of his client. Jones v. City of Chicago, 610 F. Supp. 

350, 357 (N.D. Ill. 1984). The Rule is also designed to prevent the trier of fact from confusing 

the back and forth roles of advocate and witness, and thereby granting undue weight to the 

attorney's testimony. Greater Rockford Energy & Technology Corp. v. Shell Oil Co., 777 F. 

Supp. 690, 693 (C. D. Ill. 1991 ). 

For example, in National Wrecking Company v. Midwest Terminal Corp., 234 Ill. App. 

3d 750 (l Dist. 1992), the attorney had represented a corporation in contract negotiations. Later, 

a suit was filed arising out of an alleged breach of that same contract. Because this attorney was 

the only person who could have testified concerning the negotiations, the court disqualified the 

attorney from representing the corporation in the subsequent suit. Id. 

Rule 3. 7 is also applicable if a party intends to call the opposing party's attorney as a 

witness if the opposing party's attorney knows that his own testimony may be prejudicial to his 

client. For example, in People v. Norris, 361 N.E.2d 105 (l Dist. 1977), the court held the 

assistant public defender should have withdrawn from the case, when it became clear he was a 

valuable material witness against the client's other assistant public defenders, thus creating a 

patent "conflict of interest." 

Here, Mr. Zurales will be a valuable principal witness in support of Regent's Affirmative 

Defense of laches. Mr. Zurales has already personally taken full responsibly for the 3-4 year 

delay upon which Regent bases its Affirmative Defense. As set forth in his Affidavit, he's even 

admitted his delay was "long and unusual." See Administrator's Responses to Motions for 

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Summary Judgment. Therefore, his testimony may be prejudicial to his client, may conflict with 

his role as advocate for his employer/client's cause, and he should be disqualified from acting as 

lead counsel. 

Moreover, if he serves as counsel in this matter, Mr. Zurales will be in the position of 

advocating as to the reasonableness of his own prior conduct. Because of this, Mr. Zurales may 

not be a fully objective witness, and may be perceived as putting an undue "spin" on the truth, in 

order to advance the interest of his client, the Administrator. Likewise, Mr. Zurales, is an 

experienced and well-known attorney before the USDOT Office of Hearings. By allowing Mr. 

Zurales to intermix his role as advocate with his supposed role as a witness may lead to the Court 

granting undue and unfair weight to his testimony. This will cause unfair prejudice to 

Respondent. 

Respondent did not file this Motion at an earlier time because Respondent was unsure if 

Mr. Zurales would be acting as lead counsel in this matter at the Hearings, or whether the matter 

would be farmed out to another attorney at the Regional Counsel's Office. On September 30, 

2014, Respondent's counsel sent an e-mail to Mr. Zurales, inquiring if Mr. Zurales would be 

serving as an advocate at the upcoming Hearings (or simply a witness). Respondent has not yet 

received a response to said e-mail. Therefore, this Motion is filed out of an abundance of caution 

in the event Mr. Zurales intends to take any role at the Hearings (other than that of a factual 

witness). 

WHEREFORE, Respondent, Regent Aerospace Corporation, respectfully requests this 

Administrative Law Judge to disqualify attorney Christopher Zurales, Esq. from wearing "two 

hats" in this matter and from any further participation in this matter, other than that of a purely 

factual witness. 

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JohnS. Hoff 

Jeffrey F. Clement 

Hoff Law Group 

135 S. LaSalle Street, Suite 3300 

Chicago, IL 60603 

(312) 346-8111 

(312) 853-3924 (FAX) 

( 

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CERTIFICATE OF SERVICE 

I certify that on September 30, 2014 a copy of the foregoing was served upon the 

following by facsimile and by depositing said document in an envelope, sealed, first-class 

postage fully prepaid and placed in the U.S. mail located at 135 South LaSalle Street, Chicago, 

Illinois 60603: 

ORIGINAL AND ONE COPY 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 000 

FAX: 202-493-5142 

Chris G. Zurales, The Agency's Counsel 

Great Lakes Region, AGL-7K 

Federal Aviation Administration 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

TEL: 847-294-7713 

FAX: 847-294-7498 

ONE COPY 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, D.C. 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

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