Florida Probate Litigation and Motions to Disqualify An Attorney
Disqualification of a Florida lawyer is particularly important in a Florida estate, probate or Florida trust case. How can a lawyer be disqualified in a Florida probate or guardianship case? Florida estate planning attorneys, over the course of providing legal services to Florida clients, may be confronted with a potential conflict of interest. What is a conflict of interest? How does the court decide whether an attorney should be disqualified or not?
Florida Law On Disqualifying Florida Lawyers
- West Palm Beach lawyers know that Florida strives to honor an individual client’s right to choose his or her trial lawyer.
- On the other side of that legal coin, however, Florida courts bend over backwards to provide fairness and objectivity.
- Florida courts are very mindful of conflicts of interest and that, at least admittedly, it may not be appropriate for a Florida trial lawyer to continue to represent their client.
- How does a court balance these interests in preparing for trial?
Philip Morris USA Inc. v. Caro
- Consider a recent case from a Florida appeals court, the Fourth District Court of Appeals sitting in West Palm Beach, Florida.
- The Fourth District Court of Appeals hears appeals from the trial courts in Palm Beach County, Martin County, and Broward County, Florida.
- This particular case involves a Broward County trial.
- Here, Ada Caro, as the personal representative of the estate of Francisco Caro, sued Philip Morris USA, Inc.(PM).
- PM filed a motion to disqualify Caro’s attorney and law firm claiming that Caro’s attorney previously represented PM ” on matter substantially related to those in the pending lawsuit against it by Caro.”
- The trial court denied the disqualification but the Fourth DCA agreed with PM that the attorney and law firm should be disqualified.
- To read more about how a Palm Beach Court decides whether or not an attorney should be disqualified due to a conflict of interest, click here.