Appellants sought a writ of prohibition in this court, but it was denied. They then brought this appeal. N A district court has discretion in granting or denying a petition to remove an attorney. Minn. R. Prof. Conduct 1.7 provides that a lawyer may not represent clients whose interests are adverse unless each client consents to the representation after consultation. The district court found that appellants interests are adverse and that Thomas Mellgren lacks the capacity to consent to the representation.
Appellants challenge both findings.
We see three areas in which appellants interests are adverse. First, the Thomas J. Mellgren trust was created for the sole purpose of supporting Thomas Mellgren. Joanne Mellgren seeks to have Midway Bank removed and herself appointed as trustee. However, since she quit her job when Thomas moved in with her, Joanne has sought trust disbursements for her own expenses. We agree with the district court that having her as trustee is not in Thomas s best interests.