DOUBLE T CORPORATION, ETC., ET AL., PETITIONERS,
v.
JALIS DEVELOPMENT, INC., ETC., ET AL., RESPONDENTS
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Double T Corporation and Terry Rodgers sought certiorari review of a trial court's denial of their motion to disqualify opposing counsel and obtain a protective order. The court granted the petition, finding that opposing counsel gained an unfair informational advantage through access to privileged attorney-client communications after a bankruptcy trustee waived privilege, requiring disqualification.
The court held that the trial court departed from the essential requirements of law in denying the motion for disqualification. Disqualification of counsel is required where there is a possibility that parties obtained an advantage against an opposing party due to counsel's review of opposing party's privileged documents.
[1] A bankruptcy trustee may waive the corporate attorney-client privilege of the debtor corporation.
[2] Disqualification of counsel is required where a party obtains an informational advantage over an opposing party due to counsel's review of privileged documents.
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States the core legal error by the trial court
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Join FLexlaw to unlock all legal intelligenceJalis Development, Inc. sued Real Income, Inc. and other defendants, including Double T Corporation and Terry Rodgers, in a civil action. Prior to ban…
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COBB, Judge.
Terry Rodgers and Double T Corporation, two defendants in the underlying civil action, seek certiorari review of an order which denied their motion for protective order and to disqualify plaintiffs counsel. Plaintiff, Jalis Development, Inc. filed an action against its partner in a joint venture, Real Income, Inc., and other defendants. Jalis’ counsel gained access to Real Income’s corporate files after Real Income filed for bankruptcy and its trustee waived the corporate attorney-client privilege. See Commodity Futures Trading Commission v. Weintraub, 471 U.S. 343, 105 S.Ct. 1986, 85 L.Ed.2d 372 (1985). Prior to the bankruptcy, Rodgers, Double T, Real Income, and others agreed to joint legal representation in defending the suit brought by Jalis. As a result of the bankruptcy trustee’s waiver of the attorney-client privilege, Jalis’ counsel has received an informational advantage over the defendants who agreed to joint representation, as Real Income’s corporate files include attorney-client communications regarding the pending civil litigation.
We grant the petition for writ of certiorari, as the trial court departed from the essential requirements of law in denying the motion for disqualification. See State Farm Mutual Automobile Insurance Co. v. K.A.W., 575 So. 2d 630 (Fla.1991); Adelman v. Adelman, 561 So. 2d 671 (Fla. 3d DCA 1990); General Accident Insurance Co. v. Borg-Warner Acceptance Corp., 483 So. 2d 505 (Fla. 4th DCA 1986) (disqualification of counsel required where there is possibility that parties obtained an advantage against opposing party due to counsel’s review of opposing party’s claim file and privileged documents).
PETITION GRANTED; ORDER QUASHED.
GOSHORN, J., concurs.
GRIFFIN, J., dissents, without opinion.
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Frederick W.J. Eggers v. Eggers, 776 So. 2d 1096 (Fla. 5th DCA 2001)…an abuse of discretion to fail to transfer venue to Hillsborough County under section 47.122. As to the denial of the motion to disqualify attorney Fitzpatrick, that ruling is reviewable by certiorari. See Double T Corp. v. Jalis Development, Inc., 682 So. 2d 1160 (Fla. 5th DCA 1996); Transmark, U.S.A., Inc. v. State, Dep’t of Ins., 631 So. 2d 1112 (Fla. 1st DCA), rev. denied, 639 So. 2d 983 (Fla.1994).3 Disqualification of a party’s chosen counsel is an extraordinary remedy and should be resorted to sparingl…
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Carnival Corp. v. Beverly, 744 So. 2d 489 (Fla. 1st DCA 1999)…hly coercive penalties in view of the dangers of chilling vigorous advocacy, and the difficulties of distinguishing conscientious activism from ill-motivated aggression.” Id. . Respondent’s additional reliance on Double T Corp. v. Jalis Dev., Inc., 682 So. 2d 1160 (Fla. 5th DCA 1996) and Tuazon v. Royal Caribbean Cruises, Ltd., 641 So. 2d 417 (Fla. [*496] 3d DCA 1994), as authority for the trial court's general power to disqualify counsel, is misplaced. Both of these cases are distinguishable from the instant…1 / 2
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Carnival Corp. and/or Carnival Cruise Lines, Inc. v. Romero, 710 So. 2d 690 (Fla. 5th DCA 1998)…ny rulings concerning the admissibility or dis-coverability of the content of documents themselves. Orders disqualifying or refusing to disqualify counsel are generally reviewable by certiorari. See, e.g., Double T Corp. v. Jalis Development, Inc., 682 So. 2d 1160 (Fla. 5th DCA 1996) (certiorari granted and order denying motion to disqualify counsel quashed); Arthur v. Gibson, 654 So. 2d 983 (Fla. 5th DCA 1995) (appeal of order denying disqualification of counsel treated as certiora-ri and denied); Tuazon v.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Farm Mut. Auto. Ins. Co. v. K.A.W., 575 So. 2d 630 (Fla. 1991)
- Commodity Futures Trading Comm'n v. Weintraub, 471 U.S. 343 (U.S. 1985)
- Gen. Accident Ins. Co. v. Borg-Warner Acceptance Corp. & Joseph J. Packal, 483 So. 2d 505 (Fla. 4th DCA 1986)
- Laurence Adelman v. Adelman, 561 So. 2d 671 (Fla. 3d DCA 1990)