My family attorney is representing my Sister in the will contest against me! You may be able to disqualify him!
Did you know that you might be able to motion the West Palm Beach probate court to disqualify opposing counsel? If the other side has retained the family attorney in a West Palm Beach will contest, that lawyer may know privileged information about you! If you want to make sure there are no unfair advantages, consider getting the other side disqualified.
Conflicts of Interest
- West Palm Beach probate lawyers like any other licensed attorney in Florida are bound by the Rules of Professional Conduct.
- In fact if you are concerned about malpractice this is a great source of the relevant rules.
- One important set of rules are those governing conflicts of interest.
- If a West Palm Beach probate attorney represented your father in drafting the will he may be the first person your brother wants to retain in the upcoming will contest.
- But if that attorney has confidential information about you or other will contestants then it does not seem fair that they use that.
- For this reason the West Palm Beach probate court may find that disqualification is proper.
- In fact the attorney may decide on his own that it is a conflict of interests, and just withdraw from the case.
- If he or she does not voluntarily leave though you are going to have to make them leave with a motion to disqualify.
Motions to Disqualify
- Motions to disqualify opposing counsel should be filed in the West Palm Beach probate court that you are trying your will contest.
- The judge will have to rule on the motion after hearing both sides.
- Do you know what you are going to allege?
- For one thing you are going to need to show some form of unfairness what constitutes enough unfairness?
- Are you concerned that the other side has privileged financial information or just strategic information that may hurt you?
- West Palm Beach probate courts want a fair fight and that means that sometimes an attorney will have to be disqualified in the interest of justice.
- That being said the burden will be on you to prove that is the right remedy, are you prepared to make your claim to the Court?