“Florida courts have held that disqualification of counsel “is an extraordinary remedy and should only be resorted to sparingly.” (Manning v. Cooper (2008) 981 So.2d 668, 670 (Fla. 4th DCA 2008) (quoting Alexander v.
What is a Motion to Disqualify an Attorney? ... How to Structure the Motion. Rule Regulating The Florida Bar 4–1.10(b) on imputation of conflicts of interest provides as follows: Former Clients of Newly Associated Lawyer When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially ...
Oct 22, 2018 · What does Rule 4-3.7 have to do with a motion to disqualify? What should West Palm Beach probate lawyers know about motions to disqualify? When should a motion to disqualify be granted? Under what circumstances should a West Palm Beach lawyer be disqualified? You should read a January 5, 2018 Second DCA opinion, Furman v. Furman. …
6. A party moving to disqualify counsel must establish two elements: (1) that an attorney-client relationshi p once existed and (2) that the lawyer previously represented the moving party in a legal matter that is the same or substant ially related to the matter presently in controversy.
Few things are worse for an attorney than getting a new big matter, starting work on it, and then facing a motion to disqualify. At that point, the attorney is put in the awkward position of either explaining to the client why he or she should pay more money to keep the attorney, or absorbing the fees associated with defending ...
Frequently, a former client accuses the attorney of having “insider information” regarding the client that does not rise to the level of a client confidence. Indeed, even if the attorney does not possess any direct information regarding the present lawsuit or transaction, the client may say that the attorney understands how the client thinks and acts. The attorney may know the client’s bottom line for settlement or how the client prefers to approach litigation. This is often referred to as “playbook knowledge”—the attorney knows the client’s paths and approaches.