Filing a motion with the court to disqualify your opposing counsel is serious stuff. A March 26, 2021 opinion from the 5th District Court of Appeal, Florida, sheds light on this. We have previously discussed ATTORNEY CONFLICT OF INTEREST before. Now, let’s get an update. Lawyers and Ethical Duties The Florida Bar imposes many ethical duties on lawyers. They can be found HERE. Check out Chapter 4 on Professional Conduct. Not only is a lawyer required to be loyal to clients, and work hard, but you should avoid conflicts of interest. A Florida lawyer who is “adverse” to an existing client may be disqualified from that case. After all, a Florida attorney is not supposed to be adverse to, or against, an existing client. In other words, lawyers don’t sue clients. Or take a position that hurts a client. Now, this does NOT mean that a lawyer has to do everything a client wants. We are not talking about a sincere fundamental disagreement on a case, for example. In many situations, a Florida attorney is also prohibited from being adverse, or against, many former clients. A March 26, 2021 Florida Lawyer Disqualification opinion was issued by the 5th District Court of Appeal. To read this opinion CLICK HERE. This DCA case also speaks about lawyers’ conflicts of interest. Florida Probates + Florida Lawyer Disqualification We have previously written about Florida probate matters and Florida Lawyer Disqualification . And there has been good legal commentary on CONFLICTS OF INTEREST. Perhaps one […]