BILLINGS, CUNNINGHAM, MORGAN & BOATWRIGHT, P.A., PETITIONER,
v.
SEAN ISOM AND JUDY ISOM, ETC., ET AL., RESPONDENTS

Fla. 5th DCA | 1997-12-12
No. 97-2772
GRIFFIN, C.J., and GOSHORN, J., concur.
701 So. 2d 1271 Florida District Court of Appeal, Fifth District (1997) Positive Treatment
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A law firm sought to withdraw as counsel for an injured plaintiff, claiming a conflict of interest arose when the client alleged the firm's former associate had misadvised him regarding a settlement agreement. The trial court denied the withdrawal motion, and the appellate court upheld that denial, holding that Rule 4-1.16(c) permits trial courts to order continued representation despite ethical concerns when the client wishes representation to continue.


Holding

The trial court did not depart from the essential requirements of law in denying the firm's motion to withdraw. Rule 4-1.16(c) expressly permits trial courts to order continued representation despite potential ethical conflicts, and such a decision will not be disturbed absent a clear abuse of discretion.


Headnotes

[1] A trial court's order denying a motion to withdraw as counsel is reviewable by certiorari.

[2] A lawyer must withdraw from representation if it will result in a violation of the Rules of Professional Conduct or law.

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Key Quotes

“When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating representation.”

Rule 4-1.16(c) provides the legal basis for trial courts to compel continued representation despite ethical conflicts or other grounds for withdrawal.

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Facts & Procedural History

Isom was injured in an accident in November 1991 and the law firm filed suit on his behalf in March 1994. After mediation, Isom executed a release and…

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Opinion of the Court
W. SHARP, Judge.

W. SHARP, Judge.

The petitioner, Billings, Cunningham, Morgan & Boatwright, P.A. (a law firm), seeks certiorari review of an order of the trial court which denied the firm’s motion to withdraw as counsel for the respondent, Sean Isom. The firm asserts the trial court departed from the essential requirements of law when it denied its motion to withdraw based on a conflict of interest. This order is reviewable by certiorari.1 We deny the petition for the reasons stated hereafter. Isom suffered injuries in an accident on November 15, 1991. Suit was filed by the petitioner on his behalf in March of 1994. After a mediation agreement was entered into and Isom executed a release, the trial court dismissed the suit. Isom then filed a motion to set aside the dismissal, which the trial court granted. The insurer appealed and this court affirmed. State Farm Mutual Automobile Ins. Co. v. Isom, 681 So. 2d 1170 (Fla. 5th DCA 1996), rev. denied, 691 So. 2d 1081 (Fla.1997).

Isom thereafter sought to set aside the mediation agreement and release, asserting that he was ill and medicated at the time he signed those documents. During discovery, Isom stated that a former associate of the law firm had advised him to sign the settlement and release, but assured Isom the documents were not final and would not bar further settlement discussions.

Based on these allegations, the attorney who was representing Isom for the firm, moved to withdraw from representation based on a conflict of interest. He stated the firm had been advised by the Florida Bar that its withdrawal was mandatory, pursuant to Rule 4r-1.16(a), Rules of Professional Conduct. That rule provides in relevant part:

(a) When Lawyer Must Decline or Terminate Representation. Except as stated in subdivision (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the Rules of Professional Conduct or law ...

However, the rule also provides:

(c) Compliance With Order of Tribunal. When ordered to do so by a tribunal, a lawyer shall continue representation notwithstanding good cause for terminating representation.

The trial court held a hearing at which Isom stated he could not find another lawyer to represent him and he wished the firm to continue to represent him. The court analyzed the complex factors in this case. It weighed the “conflict” created by Isom’s allegation of mis-advice by an associate, the length of time the firm had represented Isom in this matter, and the client’s ability to secure other counsel, at this point in the litigation. It determined that the firm’s motion to withdraw should be denied.

We think in this case the firm failed to show the trial court departed from the essential requirements of law. In a similar case, Boudreau v. Carlisle, 549 So. 2d 1073 (Fla. 4th DCA 1989), rev. dismissed, 557 So. 2d 866 (Fla.1990), a criminal case, the court denied a petition for writ of certiorari filed by an attorney seeking to quash the order of a trial court which denied the attorney’s motion to withdraw because the client had filed a malpractice claim against the attorney. The court found the trial court’s ruling was supported by statements at the hearing by the attorney that he could competently represent the client despite the malpractice claim.

' This ease rests on a similar fact determination by the trial court. Rule 4-1.16(c) contemplates the situation like this in which a trial court has the authority to order continued representation, even when potential ethical conflicts are presented. Its decision to deny a motion to withdraw will not be disturbed, absent a clear abuse of discretion. See Nix v. Whiteside, 475 U.S. 157, 106 S.Ct. 988, 89 L.Ed.2d 123 (1986). See also Pantori v. Stephenson, 384 So. 2d 1357 (Fla. 5th DCA 1980); Holland v. Tenenbaum, 360 So. 2d 493 (Fla. 4th DCA 1978).

Petition for Writ of Certiorari DENIED.

GRIFFIN, C.J., and GOSHORN, J., concur. . Boudreau v. Carlisle, 549 So. 2d 1073 (Fla. 4th DCA 1989), rev. dismissed, 557 So. 2d 866 (Fla. 1990).


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Citator

Cited By

  • Nolen v. Blackwood, 712 So. 2d 434 (Fla. 4th DCA 1998)
    …M. We affirm the trial court’s denial of appellant’s ore tenus motion for continuance and motion to withdraw made on the day of trial, See Fennie v. State, 648 So. 2d 95 (Fla.1994); see also Billings, Cunningham, Morgan & Boatwright, P.A. v. Isom, 701 So. 2d 1271 (Fla. 5th DCA 1997). We reverse the trial court’s award of attorney’s fees to appellee pursuant to section 57.105, Florida Statutes. Both the trial court’s oral pronouncement and written order failed to contain an express finding by the court that…

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