Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
A recent appellate case discusses the issue of disqualification of a lawyer in pending litigation. The court in that case noted “Such attempts [to disqualify counsel] should be viewed with caution and skepticism as they can be used to harass the opposing party and counsel, or for other indecorous tactical reasons.”
In the case Takefman v. The Pickleball Club, LLC, et. al., 3D25-0892 (Fla. 3d DCA October 22, 2025), the plaintiff in the trial court moved to disqualify the attorney for the defendants in the case based on the plaintiff’s speculation “that, due to the allegations in the complaint, one attorney cannot represent all the defendants and that this joint representation creates an irreconcilable conflict of interest.” Before taking on representation of all three defendants, their lawyer obtain informed consent from all three. The trial court denied the motion, holding no conflict existed which would warrant granting the motion. The plaintiff appealed.
The appellate court noted the plaintiff’s lack of standing: “Generally, a party has no standing to seek disqualification of opposing counsel where they have never been represented by that attorney.” The court further noted “Yet the Rules Regulating the Florida Bar contemplate that in limited circumstances a person other than a client may seek disqualification. K.A.W., 575 So. 2d at 632. ‘Where the conflict is such as clearly to call in question the fair or efficient administration of justice, opposing counsel may properly raise the question.’ R. Regulating Fla. Bar 4-1.7, Editors’ Notes.” The court ultimately affirmed, holding “Even so, [the plaintiff’s] speculative allegations simply do not rise to this level.”
Nothing in this article should be construed as legal advice. Contact a Miami family law attorney to discuss your case and obtain specific advice about your case.