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Can a Palm Beach lawyer, who has formerly represented a client in a matter, represent another person in the same or a substantially related matter?

Uncategorized Nov 15, 2018
post about Can a Palm Beach lawyer, who has formerly represented a client in a matter, represent another person in the same or a substantially related matter?

People have a right to choose who they would like their counsel or trial attorney to be. However, in certain circumstances, a lawyer can be disqualified from representing a client. How do Palm Beach courts decide whether a motion for disqualification should be granted or not? If you are involved in trust and estates litigation, you may want to read a December 7, 2016 Fourth DCA case, Philip Morris USA, Inc. v. Caro.

Philip Morris USA Inc. v. Caro

  • 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.
  • Before denying the motion to disqualify, the trial court conducted an evidentiary hearing.
  • They applied the governing provision of the Rules Regulating The Florida Bar, which states:

” A lawyer who has formerly represented a client in a matter must not afterwards:

(a) represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent;

(b) use information relating to the representation to the disadvantage of the former client except as these rules would permit or require with respect to a client or when the information has become generally known; or

(c) reveal information relating to the representation except as these rules would permit or require with respect to a client. “

  • 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.