When Can You Disqualify the Other Florida Lawyer?

In a Florida probate or divorce case, when can a lawyer be disqualified? Can my Palm Beach lawyer be disqualified? When is disqualification of counsel appropriate in West Palm Beach litigation? In Florida, what is the standard for determining whether counsel should be disqualified? What is a motion to disqualify? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman.

Although Furman v. Furman is a Florida divorce case, not a trust and estates case, probate litigators 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.