Opinion
No. 99-1059.
Opinion filed December 8, 1999.
Petition for writ of certiorari to the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County; Thomas Sholts, Judge; L.T. No. 98-9055AJ.
Lawrence Bunin of Lawrence Bunin, P.A., Plantation, for petitioner.
Joel L. Roth of Joel L. Roth, P.A., Boca Raton, for respondents.
Petitioner seeks certiorari review of a non-final order granting disqualification of counsel. We have jurisdiction. Arcara v. Philip M. Warren, P.A., 574 So.2d 325 (Fla. 4th DCA 1991).
Rule 4-1.9 of the Rules of Professional Conduct of the Florida Bar, upon which respondent relied in seeking disqualification of petitioner's counsel, Lawrence Bunin, provides in part:
A lawyer who has formerly represented a client in a matter shall not thereafter:
(a) represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation.
Although Mr. Bunin did previously represent respondent on two matters, we conclude that they were neither the same nor substantially related. We therefore grant the petition and quash the order of disqualification.
FARMER and KLEIN, JJ., concur.
POLEN, J., concurs specially with opinion.
I join in the majority's grant of certiorari, as the ground for disqualification of Mr. Bunin as argued by respondent below does not support granting the motion. I write separately, however, to note it is likely that Mr. Bunin may be called as a material fact witness in the pending litigation. While not suggesting we should rule prospectively on matters not raised in the trial court or here, I merely note that such might form the basis for a renewed motion to disqualify Saud's attorney.