CITY OF LAUDERDALE LAKES, PETITIONER,
v.
ENTERPRISE LEASING COMPANY, RESPONDENT
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The City of Lauderdale Lakes sought certiorari review of an order disqualifying its entire law firm because one attorney would testify as a witness. The court held that while the individual attorney's disqualification was proper, disqualifying the entire firm was an abuse of discretion unsupported by the Rules of Professional Conduct.
The disqualification of individual counsel James C. Brady was warranted because he was listed as a witness expected to give substantive testimony. However, the disqualification of the entire law firm was improper and constituted a departure from the essential requirements of law under the Rules of Professional Conduct.
[1] Disqualification of an entire law firm is unwarranted when only one attorney in the firm is likely to be called as a witness, absent a conflict of interest or adverse tes…
[2] A trial court departs from the essential requirements of law by disqualifying an entire law firm solely because one attorney within the firm is expected to testify, when…
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Join FLexlaw to unlock all legal intelligence“A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by rule 4-1.7 or 4-1.9.”
States the controlling professional conduct rule allowing firm representation when one attorney will testify as a non-adverse witness
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Join FLexlaw to unlock all legal intelligenceThe City of Lauderdale Lakes listed attorney James C. Brady as a witness on its pre-trial stipulation, expecting him to give substantive testimony at …
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[*646] STEVENSON, Judge.
Petitioner, City of Lauderdale Lakes, seeks certiorari review of an order granting respondent’s, Enterprise Leasing, motion to disqualify the City’s counsel, James C. Brady and his entire law firm, Brady & Coker. We grant the writ and reverse that part of the order disqualifying the entire law firm.
The City concedes that disqualification of counsel James C. Brady was required in this case because he was listed as a witness on their unilateral pre-trial stipulation and was expected to give substantive testimony at trial. However, the City argues, and we agree, that the disqualification of the entire law firm, Brady & Coker, was unwarranted and a departure from the essential requirements of law.
An order involving the disqualification of counsel must be tested against the standards imposed by Rules of Professional Conduct. See Cazares v. Church of Scientology of California, Inc., 429 So. 2d 348 (Fla. 5th DCA), rev. denied, 438 So. 2d 831 (Fla.1983). In In re Estate of Gory, 570 So. 2d 1381 (Fla. 4th DCA 1990), this court relied upon rule 4-3.7(b), Rules Regulating the Florida Bar, Rules of Professional Conduct (1994)1 to determine that the trial court departed from the essential requirements of law by disqualifying an entire firm where only one attorney would be called as a witness and there was no indication that his testimony would be adverse to his client’s position. That is the situation here. There are no allegations that the law firm’s continued representation of the City will result in a conflict of interest or that Brady’s testimony will be adverse to his client, the City.
Because the trial court departed from the essential requirements of law in disqualifying the entire firm and because the denial of the right to choose one’s own lawyer is deemed to cause irreparable harm (In re Estate of Gory), we grant the writ and quash the order insofar as it disqualifies the entire law firm.
PARIENTE and SHAHOOD, JJ., concur. . Rule 4-3.7(b) provides:
"A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by rule 4-1.7 or 4-1.9." Rules 4 — 1.7 and 4-1.9 involve attorney-client conflicts, and so are inapplicable to the situation here, where the lawyer will be testifying on behalf of his client.
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Harvey E. Morse, P.A. v. Clark, 890 So. 2d 496 (Fla. 5th DCA 2004)…Town Associates, Ltd., 759 So. 2d 690 (Fla. 5th DCA 2000). An order involving the disqualification of counsel must be tested against the standards imposed by the Rules of Professional Conduct. See City of Lauderdale Lakes v. Enterprise Leasing Co., 654 So. 2d 645 (Fla. 4th DCA 1995); Cazares v. Church of Scientology of California, Inc., 429 So. 2d 348 (Fla. 5th DCA 1983). Here we find the lower court failed to apply the applicable rule. The facts in this case are not in dispute. The decedent, John Vallega,…
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Fleitman v. Virginia McPHERSON (individually and as President, 691 So. 2d 37 (Fla. 1st DCA 1997)…ill be an indispensable witness or when the attorney becomes a “central figure” in the case, disqualification is appropriate. See Ray v. Stuckey, 491 So. 2d 1211, 1214 (Fla. 1st DCA 1986). See also City of Lauderdale Lakes v. Enterprise Leasing Co., 654 So. 2d 645, 646 (Fla. 4th DCA 1995). Generally, an entire law firm need not be disqualified where only one attorney will be called as a witness. Id. at 646. Since it appears that in this case, Mr. Johnson will likely be a featured witness at trial, the trial…
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Alliedsignal Recovery Tr. v. Alliedsignal, Inc., 934 So. 2d 675 (Fla. 2d DCA 2006)…2 So. 2d 1075, 1076 (Fla. 2d DCA 2004). After all, an order disqualifying counsel denies the right to choose one’s counsel and works a material injury that cannot be remedied on appeal. Id. at 1076-77; City of Lauderdale Lakes v. Enter. Leasing Co., 654 So. 2d 645, 646 (Fla. 4th DCA 1995). The underlying facts are straightforward. Breed manufactured automobile air bag systems. Safety Restraint Systems (SRS), an AlliedSignal division, also manufactured automobile safety products. Breed retained Mr. Stewart, l…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cazares v. The Church OF Scientology OF Cal., Inc., 429 So. 2d 348 (Fla. 5th DCA 1983)
- In re Est. OF Frank A. Gory, Sr., 570 So. 2d 1381 (Fla. 4th DCA 1990)