Should disqualification of a party’s chosen trial lawyer be permitted by the probate court in West Palm Beach?

When is it justified to disqualify an inheritance lawyer from representing someone in a particular probate matter? What is a conflict of interest? If a lawyer tells a lawyer from another firm about the facts and strategies of a case, can the lawyer from the other firm now, knowing the inside strategies, represent the opposing party in that same matter? If a lawyer drafted the document, which is the subject of the litigation, should they be disqualified?

A January 5, 2018 Second DCA opinion,Furman v. Furman, is a Florida divorce case dealing with a motion to disqualify counsel. Although this is not a trust and estates case, inheritance lawyers experience similar situations in the probate courts. Here, the husband’s lawyer was disqualified by the trial court. The husband’s lawyer was disqualified because he prepared the prenuptial agreement in question and would be a “material witness.” Furthermore, the renewed motion to disqualify alleged that the husband’s lawyer “has a personal interest in ensuring that the prenuptial agreement” is upheld and end enforced..”  Did the Florida appellate court agree that the husband’s lawyer should have been disqualified? To read the entire case, click here.