Legal Question in Real Estate Law in Florida

Florida Rule of Professional Conduct 4-1.9, entitled "Conflict of Interest; Former Client", governs the disqualification of a lawyer based on prior representation of the adverse party.

Plaintiff has filed a motion to disqualify defendant's lawyer. This lawyer had last represented plaintiff in 1998. Assume that the representation was in a substantially related matter. Of note, while defendant's lawyer knows that he represented plaintiff in certain matters, he has no existing files of any representation of plaintiff and he has no recollection as to the work he performed in the specific "substantially related matter." Still, assume that it was a substantially related matter.

Defendant is a small corporation and here is the point: Defendant's lawyer and his wife are the two principals in the corporation.

The questions are two-fold:

First, does the fact of his interest in the corporation protect against his disqualification?

Second, if he is disqualified, what are his rights to participate and support defendant's new counsel in defense of his corporation?


Asked on 2/13/13, 9:18 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Not enough facts to really answer your question. If information in the original matter and the workings of the plaintiff make the defendant lawyer compromised, he may have to step down. That said, his status as an owner cannot be ignored nor avoided by this removal. Seek assistance from the Bar

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Answered on 2/14/13, 2:20 am


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