The family attorney is representing your brother in the probate suite, do you know how to disqualify him?
Is the family attorney representing your brother in a will contest? Are you worried that there may be privileged family information that could disadvantage you in the West Palm Beach will contest or other probate suit? You may be able to get the other side’s attorney disqualified and thrown off the case if you know how to file the right motion in West Palm Beach, learn more.
What is a Motion to Disqualify?
- First of all do you understand what a motion to disqualify is?
- Often parties will not want to attack the family trust lawyer during a probate lawsuit because the business relationship extends beyond that court date.
- You should know though that disqualification is just a request that an attorney not serve on that individual case.
- It does not reflect their professionalism negatively or refer them to the Florida bar.
- So if you are worried that you are not getting a fair shake because the other side retained the family lawyer disqualification may be your only option.
- Why is that the case though?
Why Should I Consider Disqualification
- There are a ton of reasons why an attorney may need to be disqualified in West Palm Beach.
- One common example is what I like to call the family attorney problem.
- Lets say that a certain probate attorney drafted your father’s will and trust documents and now is also representing your brother in a dispute with you.
- Chances are those documents are important to this probate lawsuit.
- Furthermore the privileged information that your father and other family members gave to that attorney may be relevant to the present dispute.
- That information could be very damaging to your case.
- Furthermore what are you expecting that attorney to do, bury their head to facts they know?
- This can be a difficult line to tow, and the probate courts in West Palm Beach have recognized this.
- For that reason in cases like this you may be able to have the attorney disqualified by the probate court.
- Are you unsure about whether or not that is an avenue you want to travel?
- Talk to an experienced Palm Beach probate firm today.