What is imputed disqualification?
Terms: “Imputed Disqualification” Where a lawyer’s conflict of interest is attributed to the lawyer’s entire firm for purposes of assessing whether representation of a client may continue.
What does it mean to disqualify an attorney?
Vicarious Disquaification. Disqualification is vicarious when a court disqualifies a lawyer be- cause he or she was a member of a firm that previously represented the. adverse party or when a court disqualifies a firm because one of its. members previously represented the adverse party.
What policy is promoted by imputed disqualification?
Imputed disqualification that arises within a continuing association of lawyers may be cured by a client’s consent, and a firm may erect an “ethical screen” to prevent the exchange of client confidences between a newly hired lawyer and the rest of the firm.
When should a lawyer recuse himself?
Recusals usually take place due to a conflict of interest of some type that will result in the judge or prosecutor being too biased to fairly participate in the case. Some of the top reasons a recusal may take place include: Bias or prejudice concerning the party or their attorney.
Why are there so many motions to disqualify?
Motions to disqualify are far from rare occurrences. In recent months, a number of high-profile disqualification motions have been reported.1 Many disqualification motions are well-founded. Others are nothing more than a litigation tactic, forcing attorneys to scramble to protect valued client relationships.
Can a trial judge rule on a disqualification motion?
If an initial disqualification motion alleges a fear of prejudice or bias under rule 2.160 (d) (1), the trial judge is required to determine only the “legal sufficiency” of the motion and is prohibited from passing on the truth of the facts averred. See Fla. R. Jud. Admin. 2.160 (f).
Can a motion to disqualify be filed against an independent counsel?
Independent counsel, free from the suggestion of economic self-interest, often can more effectively than the attorney press the case for allowing the client to keep its counsel of choice. Attorneys understandably may feel apprehensive about the threat of a motion to disqualify, given the potential risk and loss of work.
When to file a disqualification motion in Florida?
An important requirement contained in rule 2.160 (e) is that a disqualification motion must be made within 10 days after the “discovery of the facts constituting the grounds” for the motion. Additionally, the motion must be “promptly presented” to the trial court for “immediate ruling.”