Miami family law attorney blog
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Disqualify Lawyer
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When can a lawyer be disqualified from representing a spouse in a Florida divorce case? Disqualification of a lawyer is an extraordinary remedy,. This was an issue in the case Phinney v. Phinney, 3D24-1314 (Fla. 3d DCA January 15, 2025).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What is the procedure to disqualify an attorney in a Miami family law case? One key component of disqualification is due process - a hearing and and opportunity to present evidence must be given when disputed allegations arise. This was an issue in the case Green v. Green, 3D23-1358 (Fla. 3d DCA June 12, 2024).
Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
Can a party file a motion to disqualify the other party’s lawyer in a Florida family law case? This is possible when there are valid grounds to do so. For example, if the opposing lawyer previously represented both parties, this may be a reason to disqualify the lawyer from representation. Disqualification was an issue in the case Levy v. Levy, 3D22- 427 (Fla. 3d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Paternity
When can a party ask for disqualification of the opposing lawyer in a Florida family law case? If the lawyer is deemed to have formed an attorney-client relationship with both parties in the same case, disqualification of the lawyer may be appropriate. In the case L.E.B. v. D.D.C., 2D19-4372 (Fla. 2d DCA September 25, 2020), the issue of disqualification of a legal aid attorney arose.
