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Is there a motion to remove plaintiff's attorney before trial for the reason of conflict of interest or fraud?

Hollywood, FL |

This person is representing a plaintiff/ counter defendant on a lawsuit that was initially filed without an attorney. The plaintiif had defaulted before and just hired this counsel that was involved in other shenanigans against the defandent. There is proof that this attorney is a fraud.

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Attorney answers 2


On its face, this does not seem like a situation where the opposing party's attorney could be removed. There are bad lawyers out there, but unless they have engaged in misconduct in regard to the case at hand, the trial judge is not going to remove them. You can always discharge your own lawyer, but it's next to impossible to get the opposing lawyer taken off the case. The only situation I can imagine where it could happen would be if the opposing lawyer had previously represented you in the same case or a closely related case.

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Is the lawyer going to be a significant witness in this case? Did this lawyer represent you with regard to this or a closely related matter. If not, I am not sure what basis you would use to try to remove the lawyer. If he or she has engaged in unrelated misconduct, that would be addressed by the Florida Bar or an independent court action.

There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.