Anyone had a former client refuse to sign a conflict waiver in Florida? Client is an insurance company that hired firm X for defense of first party property damage cases, and the attorney is going to firm Y in a completely unrelated practice.

Now firm Y is pushing starting date back while they decide if the attorney can be taken on without causing disqualification or limiting future cases they can take on.

Would appreciate any guidance on case law/sources addressing this issue in Florida.

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Florida bar rule 4-1.10 states that when a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client who’s interests are materially adverse to that person and about whom the lawyer had acquired information protected by tules 4-1.6 and 4-1.9(b) and (c) that is material to the matter.

I know many firms will demand the new firm withdraw and will move to disqualify the firm if they don’t. This is very popular in the first party property world i think

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I don’t, but I would be more concerned with the carrier being unwilling to sign it regardless.

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