It should go without saying that getting the other side’s attorney disqualified is considered an extraordinary remedy. That does not mean it cannot be done. In fact experienced Palm Beach probate law firms regularly disqualify the other side if the representation violates the rules of Professional Responsibility governing West Palm Beach attorneys. Do you have grounds to disqualify the other side? Check out this recent case out of the Third District Court of Appeal where the Appeal Court upheld such a “DQ.”
Disqualification in West Palm Beach
- Courts in West Palm Beach know that litigation is war and that Parties may abuse the disqualification motion if allowed.
- For that reason it is rather known that this is an extraordinary remedy not to be used liberally.
- That being said if you suspect that there may be a violation of the Rules that creates grounds for disqualification, what are you waiting for?
- Every second the other side has that attorney is time that you could be losing your case.
- Why is this so important in West Palm Beach probate lawsuits?
- More so than any other type of litigation (short of divorce) a probate lawsuit can involvefamily secrets told in confidence to the family attorney.
- Do you want the family attorney bringing up your dirty laundry when he represents your brother in a will contest in West Palm Beach?
- If the family lawyer represented you in a similar action or has access to your privileged information you may have grounds to disqualify him in West Palm Beach Court.
- Do you know how to file a motion to disqualify in West Palm Beach?
- Check out this recent decision from the Third District Court of Appeal about motions to disqualify in Southern Florida.
Steinberg v. Marlin
- This was a petition for certiorari relief from an order of the trial court that disqualified the attorney for one side.
- The Court noted that the moving part had met their burden and the trial court did not abuse its authority.
- This just goes to show you that you can get this relief in West Palm Beach.
- Are you worried that the other side has retained the family attorney for a will or trust dispute?
- Are you positive (or even suspicious) there are family (and personal) secrets that could be material in the case or even just hurt you if disclosed?
- You may be able to get some relief from the West Palm Beach trial court.
- Talk to an experienced Palm Beach probate attorney today to learn more.
Want to learn more about how to disqualify your opponent’s attorney?
Check out this recent case out of West Palm Beach by clicking here.