Florida Probate Lawyers and Conflicts of Interest: disqualifying Florida lawyers
Are you involved in a Florida probate or Florida estate in Palm Beach County, Florida or Broward County, Florida? Did someone you know or a relative just die in Florida and there is a Florida probate or Florida estate? If you are involved in a Florida estate, that is being run in Florida, or if you are already involved in probate litigation, have you been faced with an probate lawyer who represents or represented more than one party? Is there a Florida probate lawyer who is now against you that was your lawyer? Probate lawyers in Martin County, Palm Beach County and Broward County have duties of loyalty to their clients. Probate lawyers from Stuart to Ft. Lauderdale know that you can’t be a probate lawyer for Client “A” on a Monday and then be “against” Client A on a Tuesday. Probate lawyers in Boca Raton, Boynton Beach and Cypress Creek know that the Florida Bar has rules which regulate our conduct. Strict rules of conduct. Ethical rules. Florida estate lawyers cannot have conflicts of interest. In the probate world in Martin County, Broward and Palm Beach, this may be confusing or blurred. You may think a probate lawyer in, say, Aventura, was representing you, but they were not. You may think a probate lawyer, say, in Delray Beach, Florida, was YOUR lawyer, but they are not. If you are going to hire a probate lawyer, get a signed contract: make sure it’s clear that YOU are the client. Florida probate lawyers owe strict duties of loyalty to you and can’t accept other clients who are against you. Probate lawyers from Stuart to Jupiter to Plantation know that if they represent you, and another potential estate beneficiary comes along, who may be against you, that probate lawyer has to say “no.” A very recent case just handed down in early October speaks to the disqualification of a Florida lawyer. Although it does not tell us anything new about Florida law, and the Florida procedure to remove a lawyer, it is instructive. Although this is not a probate case or probate opinion, it is an appellate court opinion or decision that provides guidance for all Florida lawyers, including probate lawyers and estate lawyers–and Florida estate beneficiaries and probate beneficiaries. Want a copy of the opinion? Email michelle@pankauskilawfirm.com Conflicts of interest by Florida lawyers must be avoided. If you question whether your Florida probate lawyer really represents you, has a conflict of interest, or is not supporting you, talk to them. Advocate hard. Litigate smart.