Mr. Sacher's Appellate Team Secures Disqualification of Counsel by Third District Court of AppealMarch 15, 2017 | Category: BLOG, News, Reported Decisions, Speaking Engagements
On March 15, 2017, Florida's Third District Court of Appeal issued an Opinion granting Mr. Sacher's client's Petition for Certiorari, reversing the trial court's disqualification order, and remanding for the entry of an order disqualifying the Kluger Kaplan law firm from representing the Respondent in the underlying action or any substantially related matter.
The disqualification is a rare and drastic remedy, only to be employed in very limited circumstances; however, it was absolutely required pursuant to Florida Rule of Professional Responsibility 4-1.18 and earlier decisions of the Florida Supreme Court and Third DCA. This is the first Opinion construing Rule 4-1.18 since the Florida Supreme Court enacted the rule in 2006.
The decision follows Mr. Sacher's earlier oral argument to Florida's Third DCA on February 3, 2017. The matter was one of four appeals hand-selected by the appellate court for argument at the University of Miami School of Law as apart of a special one-off educational program that was attended by the law school's first year law class.
A copy of the Opinion is available on the following link: 3D16-2299 Opinion .pdf