disqualification of an attorney who represented you in the same type of case florida law

by Prof. Llewellyn Skiles IV 8 min read

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.

Florida Law on Disqualifying a Lawyer

To disqualify a lawyer and keep her from being “against ” you, you have to file a motion. A motion to disqualify a Florida lawyer will only be granted sparingly. There is a strong policy to permit Florida residents to select the counsel of their choosing . But going against this policy is the right to keep your own lawyer from being adverse to you.

Is a lawyer a witness?

You may be able to prove your facts, or get your facts and evidence in, without the necessity of calling someone’s trial lawyer. A lawyer is not a necessary witness when there are other witnesses available to testify to the same information.

What is the Florida bar?

The Florida bar creates and enforces rules regulating the conduct of Florida lawyers. The rules regulating the Florida bar set forth ethical standards which Florida lawyers are required to follow. A lawyer shall not act as an advocate at trial in which the lawyer is likely to be a necessary witness on behalf of a client.