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How-To: Write a Motion to Disqualify an Attorney

Background: An attorney has appeared in your civil case on behalf of your civil opponent
Problem: That attorney's representation is improper and/or unauthorized
Solution: You ask the Court to remove/disqualify the attorney from your case

I. Definitions

"the inability to perform some act due to the existence of factors rendering the performance improper or inappropriate. For instance, a judge may be disqualified from hearing a particular case because of having previously represented one of the parties involved."

II. Legal Citations

Rule 1.010 Fla. R. Civ. P. | Scope and Title of Rules
These rules apply to all actions of a civil nature and all special statutory proceedings in the circuit courts and county courts except those to which the Florida Probate Rules, the Florida Family Law Rules of Procedure, or the Small Claims Rules apply. The form, content, procedure, and time for pleading in all special statutory proceedings shall be as prescribed by the statutes governing the proceeding unless these rules specifically provide to the contrary. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action. These rules shall be known as the Florida Rules of Civil Procedure and abbreviated as Fla.R.Civ.P.
Rule 4-1.6(a) RRTFB | Confidentiality of Information
(a) Consent Required to Reveal Information. A lawyer must not reveal information relating to representation of a client except as stated in subdivisions (b), (c), and (d), unless the client gives informed consent.

Rule 4-1.7(a) RRTFB | Conflict of Interest; Current Clients
(a) Representing Adverse Interests. Except as provided in subdivision (b), a lawyer must not represent a client if:
(1) the representation of 1 client will be directly adverse to another client; or
(2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

Rule 4-1.8(a) RRTFB | Other Transactions
(b) Using Information to Disadvantage of Client. A lawyer is prohibited from using information relating to representation of a client to the disadvantage of the client unless the client gives informed consent, except as permitted or required by these rules.

Rule 4-1.9(a) RRTFB | Conflict of Interest; Former Clients
A lawyer who has formerly represented a client in a matter must not afterwards... represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent;

Rule 4-1.10(a) RRTFB | Imputation of Conflicts of Interest; General Rule
(a) Imputed Disqualification of All Lawyers in Firm. While lawyers are associated in a firm, none of them may knowingly represent a client when any 1 of them practicing alone would be prohibited from doing so by rule 4-1.7 or 4-1.9 except as provided elsewhere...

(b) Former Clients of Newly Associated Lawyer. When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by rules 4-1.6 and 4-1.9(b) and (c) that is material to the matter.

III. Samples

# PDF Comments
1± §1983 Case. Pro Se Filing. Duval. Perjury from a State Officer.
2✓ Partially Granted | Duval | 2013 | Attorney Filing | Whistleblower Case; Trayvon Martin Fallout; Advocate and Witness;
3- No Ruling | Duval | 2014 | Attorney Filing | Settlement stuff; Marital Stuff; Former Client; Material Witness
4✓ Substituted | Duval | 2017 | Attorney Filing | Romantic Relationship; Privileged Information; Imputed DQ;
5X Denied | Duval | 2018 | Attorney Filing | Police Officers Pension Fund; State Board; Switching Sides;
6✓ Substituted | Duval | 2019 | Attorney Filing | Tactical Advantage; Disciplinary Threats Levied
7X Denied | Duval | 2019 | Attorney Filing | Former Client; New Attorney;

IV. Templates

# Word Comments
1Duval Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe").

V. Quick Commentary

VI. Additional Notes

VI. Conclusion

If your civil opponent has hired an attorney who should not be on the case then file a Motion to Disqualify the attorney.

Congratulations! You're now booked up on how to write a Motion to Disqualify an Attorney!

Please get the justice you deserve.


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