How Do Palm Beach Courts Decide Whether a Motion for Disqualification Should be Granted or Not?

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 Florida probate courts decide whether or not an attorney should be disqualified? If you are involved in trust and estates litigation, you may want to read a March 15,2017 Third  DCA case, Lopez v. Flores.

Here, the children of the decedent, Jose Ignacio Lopez, Sr., appeal a trial court order denying their motion to disqualify opposing counsel, the Kluger Firm. Maria Mercedes Flores retained the Kluger Firm to represent her against the children. However, BEFORE Flores hired the Kluger Firm, the children’s attorney had spoken to his long time friend, an associate at the Kluger Firm, about the case. The children’s attorney testified that he had revealed to the Kluger Firm associate the facts and strategies he was going to employ. He had this discussion with the associate at the Kluger Firm because he wanted to see if the associate would be interested in serving as co-counsel for the children in this matter. Does the fact that the children’s lawyer revealed confidential information about the case to the Kluger Firm associate disqualify that particular associate from representing the opposing party? Does it disqualify the Kluger Firm in its entirety? Did the court find that the Kluger Firm attorney received information from the children’s attorney that could be used to the disadvantage of the children? Was a conflict of interest present?  Read the entire case by clicking here.