A lawyer related to another lawyer such as parent, child, sibling, or spouse will not represent a client in a representation directly adverse to a person that the lawyer knows is represented by the other lawyer, except with the client's consent after consulting regarding the relationship. The answers to the following frequently asked questions are necessarily general in nature. Attorneys facing similar problems should consult the above authorities. In citations, “Rule” or “Rules” refers to the Rules Governing the Florida Bar and “Opinion” or “Opinions” refers to the Formal Advisory Opinions of the Professional Ethics Committee of the Florida Bar Association The Rules Governing the Florida Bar and the Formal Opinions of Advice from the Professional Ethics Committee of the Florida Bar Association is posted on the website under “Rules Governing the Florida Bar” and If you are considering filing a will challenge as an “interested person”, the company that manages the estate will not be able to help you.
A lawyer cannot represent a family member in a will challenge if he or she has been involved in the preparation or administration of that will. Family members may also feel that a will or trust was created incorrectly or that it was the result of undue influence. You'll need to look for an independent lawyer to help you file your lawsuit and defend your rights. Under the above rule, if an attorney at a firm was disqualified from representing a client because he would be a necessary witness on behalf of the client, the entire firm was also disqualified.
A lawyer from another state cannot be a partner or shareholder in a law firm unless the law firm limits its entire practice only to the area of law that the out-of-state lawyer is allowed to practice within Florida. It is difficult for family lawyers to represent the interests of their clients without addressing the interests of other family members. But in estate and probate planning, you may have an attorney representing family members in preparing their wills, filing probate in Florida courts after the death of a loved one, or even managing the family trust as.
