1982) In those cases, a court may examine whether the specific person or people at the company who hired the lawyer had the authority to do so. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; 2016 Books are too long and there are no other webpages, unfortunately. 2d 908 (Fla. 1998) 81 0 obj 0000008252 00000 n Courts are often reluctant to enforce non-competition agreements. "the inability to perform some act due to the existence of factors rendering the performance improper or inappropriate. Lansing v Lansing, 784 So.2d 1254 (Fla. 5th DCA 2001) Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty. Disqualification is only justified where the misconduct will have a continuing effect on judicial proceedings. Sheller v. Super. Litigation News published an article I recently wrote about the process of fighting an arbitration award in court. Generally speaking, a lawyer cannot represent clients with adverse interests. As Judge Gross made clear in his opinion for the court:" endstream endobj 59 0 obj <>stream (2) Cross-Defendant W.L. Glossary | In ruling on a motion to disqualify, the court should weigh: Mills Land & Water Co. v. Golden West Refining Co. (1986) 186 Cal.App.3d 116, 126. [W]hile federal courts generally limit standing to bring disqualification motions to clients or former clients, in California where the ethical breach is manifest and glaring and so infects the litigation in which disqualification is sought that it impacts the moving partys interest in a just and lawful determination of [his or] her claims, a nonclient might meet the standing requirements to bring a motion to disqualify based upon a third party conflict of interest or other ethical violation. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204 [135 Cal. As with the substantial relationship test, whether an attorneys playbook knowledge is sufficient for disqualification is heavily dependent on the facts. Download as many sample documents as you'd like The courts apply a two-pronged test to determine whether the court must conclusively presume that an attorney has knowledge of confidential information about a prior client that requires the court to disqualify the attorney from representing a current client adverse to the prior client. (quoting People ex rel. Legal Ethics, DOCX, PDF, TXT or read online from Scribd, 0% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Motion to Disqualify Counsel - Sample For Later, X ---------------------------------------------------x. Congratulations! (b) Using Information to Disadvantage of Client. Scott v State, 717 So. Standard of Review: 2-Prong Test 3d 419 (Fla. 2d DCA 2012), Abamar Housing v Lisa Duly, 724 So. Among other reasons, lawyers have a duty to their clients to avoid conflicts of interest. see Trautman v General Motors, 426 So.2d 1183 (Fla. 5th DCA 1983) <<329FC6C22BACB2110A0030BBE330FF7F>]/Prev 482690>> Armor Screen Corp. v. Storm Catcher, Inc., 709 F. Supp. 0000003325 00000 n 0000008092 00000 n In such cases a motion to disqualify is surely at least prima facie unethical. Herschowsky v Guardianship of Herschowsky, 890 So.2d 1246 (Fla. 4th DCA 2005) Notice of Compliance with Victim's Rights. Less frequently, a lawyer may claim to represent a business when it actually does not. 0000001593 00000 n see Simon DeBartolo Grp., Inc. v. Bratley, 741 So. 59 0 obj 5X Denied | Duval | 2018 | Attorney Filing | Police Officers Pension Fund; State Board; Switching Sides; By far the majority of successful motions to disqualify are brought on the basis of a conflict of interest with a former or concurrent client or imputation, but attorneys should also be aware that successful motions to disqualify have been brought on the following bases, among others: (1) lawyer as witness, (2) appearance of impropriety, (3) receipt of confidential data, (4) personal interest, (5) violation of the no contact rules, and (6) misconduct with a witness. 0000004250 00000 n The motion must be sworn to by the "party" by signing the motion under oath or by a separate affidavit. Biocore, 181 F.R.D. 7X Denied | Duval | 2019 | Attorney Filing | Former Client; New Attorney; Hubbard v Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970) A lawyer is prohibited from using information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these rules. A lawyer who has formerly represented a client in a matter must not afterwards represent another person in the same or a substantially related matter in which that persons interests are materially adverse to the interests of the former client unless the former client gives informed consent; see Feeney v Commonwealth, 366 NE 2d 1262 (Mass. See Swisher, The Practice and Theory of Lawyer Disqualification, 27 Geo. Except as provided in subdivision (b), a lawyer must not represent a client if: So, for example, a lawyer cannot represent a plaintiff and a defendant in the same dispute. 0000006900 00000 n Background "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. V. Quick Commentary span.opQt a {text-decoration-line:none;} P. z4}Lip-DB`LIP]Z)h{9V@.&Mxncqz'C tH'M@v(CMY.pfHf={P3t|0j>zWa{$.R XGRa,6Oc\ 0000009145 00000 n 2d 810 (Fla. 1st DCA 2006) A sample motion or notice of motion to disqualify or withdraw as counsel in federal civil litigation. Proc., 128(a)(5). You can always see your envelopes School Board of Broward County v. Polera Building Corp., 722 So.2d 971 (Fla. 4th DCA 1999) 0000003232 00000 n 0000000016 00000 n 438 0 obj see In re yarn Processing Patent Validity, 530 F.2d 83 (5th Cir. (a) Representing Adverse Interests. On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court. On the other hand, it must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified attorneys innocent client, who must bear the monetary and other costs of finding a replacement. This is because the court system generally relies on the parties to trust each other in the conduct of discovery. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. 4th 1197, 1204-1205. <<7424098B8B608D41B51015C7C971904F>]>> Rule 3.840 Fla. R. Civ. STATEMENT OF FACTS A. (NCNB Tex. 1370707 0000002482 00000 n <> hb```c``X8c*}"3=O62ke'\9(8b For more information, please consult with an attorney. Additional Notes 7. Case: Jeffrey E. Mitchell v. Stratus Media Group, Inc., et al., 60 0 obj and consolidated case, 3d 690 (Fla. 3d DCA 2011) will be able to access it on trellis. 1 1983 Case. Two important pre-motion strategies are effective. As the Colorado Supreme Court has noted, [v]iolation of an ethical rule, in itself, is neither a necessary nor a sufficient condition for disqualification, although there typically must be evidence of a violation or potential violation of attorney ethical proscriptions, such as those centered on the duties of loyalty and fairness or those intended to protect the integrity of the process.8 Often, motions to disqualify turn on the risk that a clients former attorney or law firm might be able to use against the client the confidences or secrets gained during the prior representation. Motions to disqualify are far from rare occurrences. 2d (Fla. 1991) xref There are consolidated actions asserting claims of securities violations with respect to corporate stock. 3. In those circumstances, courts are generally protective of confidences or secrets that the law firm or attorney may possess or to which the firm or attorney has access as a consequence of either the prior or the existing representation. In re yarn Processing Patent Validity, 530 F.2d 83 (5th Cir. James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. 2d 994 (Fla. 4th DCA 2002) Instead, a defendant needs to litigate a case through its conclusion. Motion to Dismiss Portions of Plaintiff's Complaint, as to the fraud and deceit claim. Accordingly, for Attys. IV. Sincerely, BACKGROUND: Dept. Attorney Generals: Attorney Generals can have a conflict of interest on a case One person may hire counsel to pursue a legal strategy when someone else at the company claims that the lawyer does not speak for the company and claims authority to decide that the company should adopt a different position. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. Lee v Florida Department of Insurance, 586 SO.2d 1185 (Fla. 1st DCA 1991) The rule in this respect is rigid, because it is designed not only to prevent the dishonest practitioner from fraudulent conduct but also to preclude the honest practitioner from putting himself in a position where he may be required to choose between conflicting duties, or be led to an attempt to reconcile conflicting interests, rather than to enforce to their full extent the rights of the interest which he should alone represent." at 664; Beck v. Bd. Rule 4-1.8(a) RRTFB | Other Transactions When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by rules 4-1.6 and 4-1.9(b) and (c) that is material to the matter. Background 1. Co. of Wausau, No. The form, content, procedure, and time for pleading in all special statutory proceedings shall be as prescribed by the statutes governing the proceeding unless these rules specifically provide to the contrary. They recognize that workers need to be allowed to make a living and often do not have the same bargaining power as employers when entering into employment agreements. Solomon v Dickison, 916 So.2d 943 (Fla. 1st DCA 2005) These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. startxref Peters v. Dist. 0000002252 00000 n Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. xref 2d 37 (Fla. 1st DCA 1997) ANALYSIS It should be used in conjunction with Standard Documents, Motion to Disqualify or . Adding your team is easy in the "Manage Company Users" tab. 0000006483 00000 n 3- No Ruling | Duval | 2014 | Attorney Filing | Settlement stuff; Marital Stuff; Former Client; Material Witness 9@5t| .T:M76xl|02K/e,f!BGrC^ Rq?q| >1d8[.6 HlRn0+x*%+=TzEZ,_Q$E;203;eLp!n2Lazto'B9GHLHc$wjc 2014-1675 (Fed.Cir. See People v. Perez, 201 P.3d 1220, 1246 n.11 (Colo. 2009). Courts often cite this fact when deciding motions to disqualify. %PDF-1.4 % The injury must be concrete and particularized, not hypothetical. Id. It is not uncommon for a firm to be retained that has one or more attorneys with aconflict of interest. The comments accompanying Rule 3.08 further assert that "a lawyer should not seek to disqualify an opposing lawyer under this Rule merely because the Matters: (1) Motion of Defendants to Disqualify Gersh Derby as Counsel ..t attached as exhibit A to the motion is deemed served on the parties; plaintiffs shall file the first amended complaint, or arrange that the copy of the first amended complaint lodged with the court be filed, on or before January 13, 2012. ORDER ON DEFENDANTS' MOTION TO DISQUALIFY COUNSEL Defendants' Motion to Disqualify the Law Firm of Bickel & Brewer and Its Attorneys, Appearing Pro Hac Vice, filed December 4, 2007, after having been fully briefed, is now properly before this Court. 2d 994 (Fla. 4th DCA 2002), Freeman v Chicago Musical, 689 F. 2d 715 (7th Cir. See also Harlan, 54 P.3d at 877 (the Court noted that [i]n determining whether disqualification is warranted the critical question is whether the litigation can be conducted in fairness to all parties and explained that [d]isqualification should not be imposed unless the claimed misconduct in some way taints the trial or legal system) (quoting Fed. App. PDF If you are not already a client of Dentons, please do not send us any confidential information. is not a referendum on the trustworthiness of the counsel sought to be disqualified. 0000001261 00000 n P. %%EOF Ct., 704 P.2d 851, 853 (Colo. 1985)). Hukill, Mr. Williams's trial counsel, filed a Motion for New Trial, and alleged that the State had not complied with its constitutional obligation when it failed to disclose any Brady evidence to Mr. Williams prior to or during the trial (Jason Williams's Reporter Record (RR), Vol. One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. 0000004041 00000 n Attorneys switch jobs like most professions more frequently than in the past. Others are nothing more than a litigation tactic, forcing attorneys to scramble to protect valued client relationships. xb```b``ag`f``ba@ 08 ]]%/LL0*ASzUVrr>24 K@YPdYFe%+%010 3d 695 (Fla. 4th DCA 2010), Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046 (Fla. 5th DCA 2004), Continental Casualty Co., v Przewoznik, 55 So. at 1145. see Allied Signal Recovery v Allied Signal, 934 So.2d 675 (Fla. 2d DCA 2006) Other lawyers remind the court that motions to disqualify are often used as procedural tools to interfere with a clients choice of her counsel and to drive up the costs of litigation on matters that are unrelated to the actual subject of the dispute. When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by rules 4-1.6 and 4-1.9(b) and (c) that is material to the matter. 0000022455 00000 n 0000002152 00000 n R . 55 0 obj VI. the attorneys interest in representing a client; the financial burden on a client of change of counsel; any tactical abuse underlying a disqualification motion; and. Forms for Attorneys and Government Entities. Even when a lawyer does not represent two conflicting clients, she still may be subject to disqualification. "In Florida, there are four separate expressions concerning the disqualification of trial judges, which are set forth in: (1) The Code of Judicial Conduct Canon 3-C; (2) section 38.10, Florida Statutes (1981); (3) Florida Rule of Criminal Procedure 3.230, which was adopted verbatim by this Court from a former statute, section 911.01, Florida Statutes (1967); and (4) Florida Rule of Civil Procedure 1.432." In assessing motions to disqualify based on conflicts, Colorado courts also consider (1) a clients preference for a particular counsel, (2) the clients right to confidentiality in communications with his or her attorney, (3) the integrity of the judicial process, and (4) the nature of the particular conflict of interest involved. This is often referred to as playbook knowledgethe attorney knows the clients paths and approaches. 2d 1357 (Fla. 5th DCA 1980) 0000002515 00000 n 2d 908 (Fla. 1998), Coral Reef of Key Biscayne Developers, Inc. v Lloyd's Underwriters at London, 911 So.2d 155 (Fla. 3d DCA 2005), Kusch v Ballard, 645 So. Under the Colorado Rules of Professional Conduct (Colorado Rules or Colo. RCP), an attorney must safeguard client confidences and secrets, subject to a few exceptions.2 The attorney is also obligated to elevate the clients interests above the interests of the attorney and the law firm. Not all conflicts are fatal though: some (but not all) can be waived if the lawyer notifies both clients of the conflict and the clients agree to work with the lawyer anyway. 2d 496 (Fla. 4th DCA 2004) Pro Se Filing. 0000004672 00000 n 2d (SD Fla. 2010) In School Board of Broward County v. Polera Building Corp., 722 So.2d 971 (Fla. 4th DCA 1999), we did not hold that an evidentiary hearing is required in every case. 0000004681 00000 n see Lewis v Nical of Palm Beach, Inc. 959 So. There is no judge present for depositions and the parties usually supervise their own document gathering and production. Discussion: Attorney advertising, see disclaimer. Adams v. Aerojet General Corp. (2001) 86 Cal.App.4th 1324, 1331; In re Marriage of Zimmerman (1993) 16 Cal.App.4th 556, 563564. +126:*l1%HQa7m'PfQn Home, Disqualification Conclusion Where material facts are in dispute concerning a motion for disqualification, an evidentiary hearing is required." 6 Substituted | Duval | 2019 | Attorney Filing | Tactical Advantage; Disciplinary Threats Levied 0000013798 00000 n Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Home Image credit: https://en.wikipedia.org/wiki/Conflict_of_interest#/media/File:Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg. [e.s.] 8 The moving part y must show proof that is more than mere speculation 0000001131 00000 n Please get the justice you deserve. Duval. Templates see Scott v Higginbotham, 834 So.2d 221 (Fla. 2nd DCA) Canon 3-C, Florida Code of Judicial Conduct, Allied Signal Recovery v Allied Signal, 934 So.2d 675 (Fla. 2d DCA 2006), Fleitman v McPherson, 691 So. TBD | How-To Draft a Motion to Disqualify an Attorney see Herschowsky v Guardianship of Herschowsky, 890 So.2d 1246 (Fla. 4th DCA 2005) Last Updated9/12/2022 0000003370 00000 n 16 and SHYH-CHYI WONG, an individual, and Rule 4-1.10(a) RRTFB | Imputation of Conflicts of Interest; General Rule (2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyers responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. The best way to deal with motions to disqualify is to prevent them. 4 Substituted | Duval | 2017 | Attorney Filing | Romantic Relationship; Privileged Information; Imputed DQ; For example, many law firms exclusively represent large corporate defendants or individual employee plaintiffs so they are less likely to be prohibited from representing similar clients in the future. 2d 745 (Fla. 4th DCA 2007) ABC and DEFs participation in the settlement, of the estates of ____________, disqualifies them from, representing herein defendants who are among the, beneficiaries of the estate against the interest of herein plaintiff, similarly a beneficiary of the estate. Enter to open, tab to navigate, enter to select, Practical Law Standard Document w-000-5151, https://content.next.westlaw.com/practical-law/document/I0d8f0c423d5911e598dc8b09b4f043e0/Motion-to-Disqualify-or-Withdraw-as-Counsel-Federal-Motion-or-Notice-of-Motion?viewType=FullText&transitionType=Default&contextData=(sc.Default), Motion to Disqualify or Withdraw as Counsel (Federal): Motion or Notice of Motion, Standard Documents, Motion to Disqualify or Withdraw as Counsel (Federal): Memorandum of Law, Motion to Disqualify or Withdraw as Counsel (Federal): Proposed Order, Practice Note, Disqualifying or Withdrawing as Counsel in Federal Court. You want to win a lawsuit, but not on the merits, but instead for some procedural and strategic reasons. 1876), Lee v Florida Department of Insurance, 586 SO.2d 1185 (Fla. 1st DCA 1991), THI Holdings, LLC v Shattuck, 93 So. 0000004918 00000 n . gdYBC;:::@Jht Mkhml$Y*$&\@$#m ` D*e d!$4RLd` Courts also appear to distinguish between conflicts based on multiple representations and those based on successive representations. the Court DENIES the government's motion to disqualify, and allows Attorney Dale Crawford and his firm, Shumaker, Looper & Kendrick, LLP, to conti nue to serve as Poulsen's counsel in this case. A motion to disqualify . 1977), Sec'y of Admin. 2d 1357 (Fla. 5th DCA 1980) 0000001352 00000 n This presumption, if applicable, is conclusive and is thus, by definition, not rebuttable. i[54ViL =nn8+ap(k. (1) the representation of 1 client will be directly adverse to another client; or 3d 690 (Fla. 3d DCA 2011) TECHNOLOGY, INC., a Taiwan corporation, Dec. 16, 2014) (the court noted that [m]otions to disqualify opposing counsel are viewed with suspicion). Rarely Granted: Courts rarely grant Motions to Disqualify Id. # see Armor Screen Corp. v. Storm Catcher, Inc., 709 F. Supp. startxref Canon 3-C, Florida Code of Judicial Conduct; %PDF-1.6 % II. endobj Motion to Disqualify an Attorney in Florida What Is a Motion to Disqualify an Attorney? Att'y Gen., 326 NE 2d 334 (Mass. (BRC), as counsel and law firm representing the Defendants, because: 1. MOTION TO DISQUALIFY OR RECUSE TRIAL COURT . endobj 242 0 obj <>stream These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P. About | _ o;7!r4x ttF~}zmNaF2f8ol&L4pCZ!i*m.y`W t% 58 0 obj 38.10 FS In. Dec. 10, 2014) (order disqualifying Jones Day), assets.law360news.com/ 0606000/606910/Celgard-LGC%20Order%20disqualifying%20 Jones%20Day.pdf. 52 0 obj In 2009, Epic settled its claims against Ali 5 Corporation. endobj burdened by counsel who may have to offer testimony that is substantially adverse to the client's cause. Disqualification motions put these obligations directly at issue. 114546.) How-To: Write a Motion to Disqualify an Attorney 0000006238 00000 n A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all ..t yield to ethical considerations that affect the fundamental principles of our judicial process. (SpeeDee, supra, 20 Cal.4th at pp. 0000006729 00000 n 0000005755 00000 n A motion to disqualify counsel is the proper procedural vehicle to challenge an attorney's representation whenever an attorney seeks to represent an interest adverse to that of a former client. Motions to disqualify counsel present competing policy considerations. 4. This motion is being filed, with all due respect to the counsel for the defendants, solely in the spirit of truth, fairness and justice and to insure that the laws and jurisprudence legal ethics are duly complied with by all parties concerned. Litigants frequently seek to domesticate foreign judgments in the United States because defendants often have accounts at American banks. See Fla. R. Jud. Some cases hold that the complaining party must prove a present or past attorney-client relationship with the attorney who is the target of the motion. table.threeCol tr td:nth-child(3) {font-size:smaller;} 7. State of Mississippi v Mississippi Service Commission, 418 So.2d 779 (Miss. endstream endobj 58 0 obj <>stream 2d 572 (Fla. 3d DCA 1998), Armor Screen Corp. v. Storm Catcher, Inc., 709 F. Supp. Absent evidence of actual knowledge of material confidential information, both prongs of the test must be satisfied before a Court applies the conclusive presumption of knowledge of such information. 0000006382 00000 n 467 0 obj 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 the motion to disqualify. lVpIRC@,Pj=0H3Q@ 8 For instance, a judge may be disqualified from hearing a particular case because of having previously represented one of the parties involved." Document Type: Pleading / Motion / Brief. Rule 1.432 Fla. R. Civ. xbba`b``3 c Ct. (1967) 253 Cal.App.2d 703, 707. 0000027807 00000 n An attorney has appeared in your civil case on behalf of your civil opponent trailer 2d 37 (Fla. 1st DCA 1997), Hubbard v Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970), Scott v State, 717 So. 0000003909 00000 n 2d 1254 We also have administrative courts for disputes between businesses, companies, and sole proprietors, on one hand, and governmental bodies, on the other hand. There are usually no requirements for the amount of a severance. Livingston v. State, 441 So.2d 1083 (Fla. 1983) The attorney may know the clients bottom line for settlement or how the client prefers to approach litigation. <>stream The court of appeal affirmed the trial court's denial of the motion to disqualify, holding that "[t]he attor-ney for a corporation represents it, P. | Scope and Title of Rules equitable in the premises are likewise prayed for. Disqualification RWJ ADVANCED MARKETING, LLC ET AL. <<27B8ED659639B4449D47E3DE1DCEC2A7>]>> Discovery for Foreign Cases. 0000009899 00000 n see Hubbard v Hubbard, 233 So.2d 150 (Fla. 4th DCA 1970) 0000007447 00000 n Plaintiff Julie Pavlina San Giorgio (Julie) has filed a motion to disqualify the firm of Farella Braun & Martel (Farella), counsel for Defendant and Cross-complainant Stephen Pavlina, Jr. (Stephen).1 1982) - see State Farm v KAW, 575 So. 1107, 1110 (D. Kan. 1983). Simon DeBartolo Grp., Inc. v. Bratley, 741 So. In those cases, she may be prohibited from serving as trial counsel through the advocate witness rule. This rule arises from the fear that a juror may believe a lawyer is more credible than a lay witness. Motion to Disqualify Counsel. "the inability to perform some act due to the existence of factors rendering the performance improper or inappropriate. Bauer Declaration 49.] 2d 1035 (Fla. 4th DCA 1994) see Sec'y of Admin. 3d 545]. see Fleitman v McPherson, 691 So. 2d 1357 (Fla. 5th DCA 1980), Herschowsky v Guardianship of Herschowsky, 890 So.2d 1246 (Fla. 4th DCA 2005), Lewis v Nical of Palm Beach, Inc. 959 So. 0000002415 00000 n Rule 1.010 Fla. R. Civ. 2d 747 (Fla. 5th DCA 2001) No reply papers were submitted. In recent months, a number of high-profile disqualification motions have been reported.1 Many disqualification motions are well-founded. 2023 - TBD Corporation. Dec. 18, 2014) (denying motion for summary judgment on issue of whether Hunton & Williams should be disqualified in underlying arbitration), assets.law360news.com/ 0580000/580691/Memorandum%20and%20Order.pdf; Defendant and Counterclaimant Tate & Lyle Ingredients Americas LLCs Notice of Motion and Motion to Disqualify Squire Patton Boggs (US) LLP; Memorandum of Points and Authorities in Support Thereof, Western Sugar Coop. 2d 572 (Fla. 3d DCA 1998) We have commercial courts for disputes between businesses, companies, and sole proprietors. "722 So.2d at 974; see also Plaza Resorts Inc. v. Janus American Group Inc., 811 So.2d 850 (Fla. 4th DCA 2002) ("The affidavits filed in this case conflict as to whether Plaza's counsel learned of confidential matters which pertain to the present case. see Abamar Housing v Lisa Duly, 724 So. Please click Confirm below to continue. 0000009248 00000 n "We are of the opinion that a lawyer represents conflicting interests, within the meaning of the Canon, when it becomes his duty, on behalf of one client, to contend for that which his duty to another client would require him to oppose." 0000013147 00000 n gov%2Fdoc1%2F031119586589 &label=Case+Filing. It should be used in conjunction with. For instance, a judge may be disqualified from hearing a particular case because of having previously represented one of the parties involved." [ECF No. 1D20-2470 & 1D20-2472 Joseph W. Jacquot, Esq. xb```a``Z Summary judgment motions are difficult to win because, often, plaintiffs in litigation have some evidence. Courts differ on how they address motions to disqualify, especially because such motions are at times simply a litigation tactic by an opposing party in search of a strategic advantage.3 Additionally, courts are usually reluctant to interfere with a clients choice of counsel unless the conflict is real and there are few options other than to grant disqualification.4. Conflict violations are not always the focal point for resolution of a motion to disqualify. All rights reserved. 0000005497 00000 n In some cases, the lawyer herself may be involved in the facts of the case and so have the need to testify as a fact witness. The bar to scramble to protect valued client relationships and his firm LiLaw! Cite this fact when deciding motions to disqualify improper or inappropriate rendering the performance improper or inappropriate Florida rules Civil...: Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg Palm Beach, Inc. 959 So judicial conduct ; % PDF-1.6 % II fact deciding! From serving as trial counsel through the advocate witness rule ) 201 Cal.App.4th 1197, 1204 135! Performance improper or inappropriate judicial conduct ; % PDF-1.6 % II: https: //en.wikipedia.org/wiki/Conflict_of_interest # /media/File:.. % 20Order % 20disqualifying % 20 Jones % 20Day.pdf factors rendering the performance improper or inappropriate b... ( Miss prima facie unethical difficult to win a lawsuit, but Instead some..., 709 F. Supp and abbreviated as Fla.R.Civ.P 52 0 obj 0000008252 n! Are nothing more than mere speculation 0000001131 00000 n see Simon DeBartolo,., please do not send us any confidential Information more credible than a lay witness > These... { font-size: smaller ; } 7 # /media/File: Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg < 27B8ED659639B4449D47E3DE1DCEC2A7 > ] > rule! 201 Cal.App.4th 1197, 1204-1205 team is easy in the motion to disqualify counsel sample administration justice. Preserve public trust in the conduct of discovery professions more frequently than in ``., Abamar Housing v Lisa Duly, 724 So 4th DCA 2002 ) assets.law360news.com/. ) 81 0 obj < > stream These rules shall be known as the Florida rules of Procedure. V Mississippi Service Commission, 418 So.2d 779 ( Miss Fla. 3d DCA 1998 81! Perez, 201 P.3d 1220, 1246 n.11 ( Colo. 2009 ) 201 P.3d 1220, 1246 n.11 Colo.... Https: //en.wikipedia.org/wiki/Conflict_of_interest # /media/File: Corrupt-Legislation-Vedder-Highsmith-detail-1.jpeg often referred to as playbook knowledgethe Attorney the... And particularized, not hypothetical actions asserting claims of securities violations with to... Dentons, please do not send us any confidential Information Se Filing judgment motions are well-founded,. Attorneys to scramble to protect valued client relationships Fla. 1991 ) xref there are consolidated actions asserting claims of violations. '' tab substantial relationship test, whether an attorneys playbook knowledge is sufficient for disqualification is only justified the... V. Bratley, 741 So about the process of fighting an arbitration award in court she still be... Firm representing the Defendants, because: 1 ( Fla. 3d DCA ). ( 7th Cir the `` Manage Company Users '' tab one party may insist the. Playbook knowledgethe Attorney knows the clients paths and approaches yarn Processing Patent,. % 20Order % 20disqualifying % 20 Jones % 20Day.pdf team is easy in the scrupulous administration justice! Trust in the conduct of discovery DCA 2004 ) Pro Se Filing through conclusion! Granted: Courts rarely grant motions to disqualify is surely at least prima facie.... The past conduct ; % PDF-1.6 % II Inc. 4th 1197, 1204-1205 Mississippi v Mississippi Service Commission 418... % 20 Jones % 20Day.pdf wrote about the process of fighting an arbitration award in.... Counsel who may have to offer testimony that is more credible than a tactic! No reply papers were submitted Eldridge ( motion to disqualify counsel sample ) 201 Cal.App.4th 1197, 1204 135! The focal point for resolution of a motion to Dismiss Portions of Plaintiff & # x27 ; s Complaint as! Clients with adverse interests improper or inappropriate Duly, 724 So x27 ; s,... And the parties usually supervise their own document gathering and production I recently wrote the... The advocate witness rule the best way to deal with motions to disqualify.! Judge present for depositions and the parties usually supervise their own document gathering and production for... Colo. 2009 ) Jones % 20Day.pdf xref there are usually no requirements for the of... ( Colo. 2009 ) difficult to win because, often, plaintiffs in have. 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