East Windsor Selectman Disqualified From Representing Client In Suit

EAST WINDSOR, CT — A lawsuit between an elderly resident and the town of East Windsor took a turn last week, as the plaintiff's attorney was disqualified from the case due to now being a member of the town's Board of Selectmen.

According to legal documents obtained by Patch, the lawsuit, filed in late October 2020 on behalf of resident Marie Wolfersdorf, concerns a drainpipe installed by the town in 2018, which she claims "drains an unreasonable amount of water onto her property" on Wolfersdorf Road. The suit was originally filed against an adjacent property owner, but was withdrawn; the town was cited as a defendant on Aug. 8, 2022.

Wolfersdorf has been represented throughout the process by Attorney Keith Yagaloff, who was elected to the East Windsor Board of Selectmen in Nov. 2023. On Feb. 23 of this year, the town filed a motion to disqualify Yagaloff from the case, citing "a conflict of interest."

According to Rules 1.7 and 1.11 of the Rules of Professional Conduct, Yagaloff should be barred from further representing Wolfersdorf while simultaneously serving as a selectman. The town argued Yagaloff should be barred "if his representation of the plaintiff is directly adverse to the town or if there is a significant risk that his representation of the plaintiff will be materially limited by his responsibilities to the town in his capacity of a member of the Board of Selectmen."

Judge Daniel J. Klau of Hartford Superior Court ruled Yagaloff's representation of Wolfersdorf "is directly adverse to the town," and granted the motion to disqualify.

Yagaloff argued "there is no evidence that he has used his official position as a member of the Board of Selectmen to benefit the plaintiff to the town's detriment." He also stated "he will recuse himself from any official town action concerning this lawsuit, such as voting to approve or reject a possible future settlement." Lastly, he denied having access to confidential information of the town which might benefit his client.