Motions to Disqualify and Florida Bar Rule 4-3.7

What does Rule 4-3.7 have to do with a motion to disqualify? What should West Palm Beach probate lawyers know about motions to disqualify? When should a motion to disqualify be granted? Under what circumstances should a West Palm Beach lawyer be disqualified? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman.

Although Furman v. Furman is a Florida divorce case, not a Florida inheritance case, trust and estates attorneys encounter similar situations in the probate courts. “The Florida Rules of Professional conduct provide the standard for determining whether counsel should be disqualified in a given case.” Here, Rule 4-3.7 is discussed.  You can read the entire rule below. If you have further questions, call (561)279-6344 Ext. 101 for a FREE consultation with an experienced Florida inheritance attorney. You can also click here to read Furman v. Furman in its entirety.

RULE 4-3.7 LAWYER AS WITNESS

(a) When Lawyer May Testify. A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness on behalf of the client unless:

(1) the testimony relates to an uncontested issue;

(2) the testimony will relate solely to a matter of formality and there is no reason to believe that substantial evidence will be offered in opposition to the testimony;

(3) the testimony relates to the nature and value of legal services rendered in the case; or

(4) disqualification of the lawyer would work substantial hardship on the client.

(b) Other Members of Law Firm as Witnesses. A lawyer may act as advocate in a trial in which another lawyer in the lawyer’s firm is likely to be called as a witness unless precluded from doing so by rule 4-1.7 or 4-1.9.