Cordero v. Cordero
In a probate will contest, the trial court disqualified the personal representative's attorney, who had drafted the decedent's earlier 2012 will and previously represented both the decedent and the opposing brother in business and personal matters, after the client conceded the lawyer would be a necessary fact witness. The Third DCA affirmed, holding that although Rule 4-3.7 by its terms bars only participation 'at trial,' disqualification from the entire litigation was proper here because Rule 4-1.9's former-client conflict independently supported complete disqualification.
Key facts
- Probate will contest in which the personal representative's attorney had drafted the decedent's 2012 will and previously represented both the decedent and the opposing party in business and personal matters.
- Trial court disqualified the personal representative's attorney after the client conceded the lawyer would be a necessary fact witness on contested issues.
- +2 more key facts with a free trial
Why it matters
Practitioners defending against disqualification motions often rely on Columbo v. Puig to cabin Rule 4-3.7 relief to trial advocacy only; this opinion shows that pairing the witness-advocate rule with a Rule 4-1.9… — full analysis with a trial
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