If you follow this blog you know that it is not uncommon for a party to motion to disqualify an arbitrator or trial judge in West Palm Beach. Did you know that you could also ask the court to disqualify the other side’s counsel? Do you know when the motion has to be presented and heard? Do you know what you will have to allege and later prove in West Palm Beachevidentiary hearings? Check out this recent case out of the First District Court of Appeal.
Motion to Disqualify Judges
- When a judge appears biased or has some form of inappropriate relationship with the parties (be it family, professional or merely friendly) you have a right to ask the court torecuse itself and to substitute a new judge.
- What happens when they refuse?
- You may have to file a petition for a writ of prohibition from an appellate court that will order the lower tribunal to substitute judges.
- This is a loophole to the rule about only reaching appeals courts on final orders, because a final order from a biased judge is not very useful; and it can be hard to force a judge to admit he is biased.
- So what about getting rid of the other side’s counsel?
Motion to Disqualify Counsel
- Attorneys switch jobs like most professions more frequently than in the past.
- It is not uncommon for a firm to be retained that has one or more attorneys with aconflict of interest.
- If you feel that the other side’s counsel has a conflict of interest it may be appropriate to file a motion to disqualify counsel in West Palm Beach trial court.
- What do you have to show the court?
ATC Logistics v. Jackson et. Al.
- In this First District Court of Appeal case one of the law firms representing one party had previously represented the other party.
- The court noted that this was not appropriate and that the attorney should have recused himself.
- Since he failed to do that, the court had no choice but to disqualify the attorney.
- Do you have the grounds to disqualify counsel?
Want to learn more?
Check out the entire case by clicking here.