Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified in a Florida family law case? There are multiple instances which are listed in the Florida Rules of Professional Conduct which are rules by which lawyers must abide in practicing law in this state. Disqualification of a lawyer was an issue in the case Palma v. Alamilla, 3D25-1110 (Fla. 3d DCA August 13, 2025).
In this appellate case, a party appealed the trial court’s order disqualifying his lawyer from representing him in the trial court. In a short opinion, the appellate court affirmed, holding “We affirm the challenged order because the trial court did not abuse its discretion in granting [the appellee’s] disqualification motion. See R. Regulating Fla. Bar 4-3.7 (preventing a lawyer from serving as counsel for a party when the lawyer is also a necessary witness in the case) [. . .].”
A lawyer who will also serve as a witness in the case cannot represent either of the parties, usually, so it is presumed that this was why the lawyer was disqualified in this case. Schedule your meeting with a Miami family law attorney to understand your rights and remedies in proceeding with your case.