Associate Attorney
In Takefman v. The Pickleball Club (Fla. 3d DCA 2025), a plaintiff sued The Pickleball Club LLC, its CEO, and its CFO — then tried to disqualify their law firm on conflict grounds. The problem? He had never been that firm’s client.
The Third DCA affirmed the denial of disqualification, and the opinion is a clean refresher on standing to disqualify counsel:
- As a general rule, only a current or former client has standing to seek disqualification based on conflicts of interest or confidentiality concerns.
- A third-party litigant without privity to the law firm is a “stranger” to the attorney-client relationship and typically cannot invoke conflict rules as a weapon.
The court noted a narrow exception: a non-client may sometimes seek disqualification where necessary for the fair and efficient administration of justice. But there was no such showing here. The firm had obtained informed consent from the LLC, CEO, and CFO; there was no evidence of divided loyalty that affected the fairness of the proceedings.
Practice pointers
- For movants: Before filing a motion to disqualify, ask:
- Did this firm ever represent me?
- Can I articulate a concrete prejudice to the proceedings, not just discomfort?
- If not, you may lack standing — and the motion may look tactical rather than principled.
- For counsel:
- When representing an entity and its principals, obtain written conflict waivers / informed-consent letters contemporaneously.
- Keep the file clean enough that, if challenged, you can quickly demonstrate who your clients are and what was disclosed.
Takeaway: Disqualification is an extraordinary remedy, not a litigation tactic for outsiders. If you’re not the lawyer’s client — and can’t show a systemic threat to the integrity of the case — you likely don’t have standing to knock opposing counsel out.
We help clients structure joint representations and respond to conflict-based attacks without losing momentum. Considering a motion to disqualify—or defending one? Contact our team to pressure-test the strategy before filing.
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