In a Florida Probate Lawsuit, Can You File a Motion to Disqualify Opposing Counsel?

Disqualification of a West Palm Beach trust lawyer is not very common in a Florida estate, probate or Florida trust case. However, trust and estate lawyers in West Palm Beach know that it is possible. How does a West Palm Beach attorney avoid being disqualified by a probate court?  How can a lawyer be disqualified in a Florida probate or guardianship case? You may want to read a recent Third DCA opinion, Lopez v. Flores. 

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 due to a conflict of interest? Furthermore, probate 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, sometimes,it may not be appropriate for a Florida trial lawyer to continue to represent his or her client.

In Lopez v. Flores, a March 15, 2017 Third DCA opinion, the children of the decedent, Jose Ignacio Lopez, Sr., appeal a trial court order denying their motion to disqualify opposing counsel, Kluger Law Firm. Maria Mercedes Flores retained Kluger Law Firm to represent her against the children. However, BEFORE Flores hired Kluger Law Firm, the children’s attorney had spoken to his long time friend, an associate at Kluger Law Firm, about the case. The children’s attorney testified that he had revealed to the Kluger Law firm associate the facts and strategies he was going to employ. He had this discussion with the associate at Kluger Law Firm because he was speaking to the associate there about serving as co-counsel for the children in this matter. The trial court dismissed the motion for disqualification of Kluger Law Firm, but the Second DCA did not agree!  Why did the Second DCA agree with the children that disqualifying Kluger Law Firm was necessary? To read the entire case, click here.