Legal Question in Family Law in Florida

Re: disqualification

Interesting question. It's an ethics issue and I would suggest contacting the ethics division of the Bar Association on this.

I would think that because the attorney and the wife are both on the same side (against the husband), that part would be okay. However, because the attorney has a personal interest in what seems to be marital assets in the first place, that seems to be a problem. But, I would rely on what the Bar tells you.

Re: disqualification

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There are potential conflicts of interest over the financial aspects of both lawsuits which may pose an ethical problem for the attorney. This is a question that only the Florida Bar Ethics counsel is trained to answer. They will respond to questions directly from attorneys on a toll free number. Frankly, if the attorney has not yet been retained, you would be best served by avoiding the issue altogether rather than run the risk of counsel being disqualified due to a conflict at some point during the litigation.

Scott R. Jay, Esq.