114 So. 3d 329
Fla. Dist. Ct. App.2013Background
- Miecosukee Tribe of Indians of Florida and Theresa Willie filed a November 2011 class action against Dexter Wayne Lehtinen.
- In January 2012, Lehtinen, represented by Klock, moved to dismiss and for summary judgment.
- petitioners moved to disqualify Klock alleging Klock’s representation of adverse parties in unrelated matters could create an unfair informational advantage.
- The trial court denied disqualification in May 2012, finding no proven unfair informational advantage and no Rule 4-1.6 violation.
- petitioners sought certiorari review, which the court denied, holding the unfair informational advantage standard does not apply to nonrelated cases and that disclosure of confidential information was speculative.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unfair informational advantage applies to unrelated cases | Willis (use petitioner’s last name) | Lehtinen argues no relation; standard does not apply | Standard does not apply for nonrelated cases |
| Whether respondent’s attorney obtained confidential information | Petitioners allege access to finances and confidences | No proven disclosure; speculation | No proven Rule 4-1.6 violation at this time |
| Whether trial court abused disqualification standard | Disqualification warranted to protect confidences | Discretionary ruling; need for substantial evidence | No abuse of discretion |
| Whether certiorari review is proper and appropriate | Petition to review denial of disqualification | Disqualification orders are reviewable by certiorari | Petition denied |
Key Cases Cited
- State Farm Mut. Auto. Ins. Co. v. K.A.W., 575 So.2d 630 (Fla.1991) (unrelated to related-party conflicts and information advantage)
- Frye v. Ironstone Bank, 69 So.3d 1046 (Fla.2d DCA 2011) (unrelated matters; informational advantage not shown)
- Adelman v. Adelman, 561 So.2d 671 (Fla.3d DCA 1990) (informational advantages from prior representation)
- Gen. Accident Ins. Co. v. Borg-Warner Acceptance Corp., 483 So.2d 505 (Fla.4th DCA 1986) (related to disqualification considerations)
- Event Firm, LLC v. Augustin, 985 So.2d 1174 (Fla.3d DCA 2008) (proper vehicle for review of disqualification orders)
- Cont’l Cas. Co. v. Przewoznik, 55 So.3d 690 (Fla.3d DCA 2011) (disqualification standard warning to protect client confidences)