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Motion To Disqualify Counsel - Sample

Plaintiff files a motion to disqualify defendants' counsels Atty. ABC and Atty. DEF as well as their law firm ABCDEF Law Offices due to an impermissible conflict of interest. As the previous counsels for the Estate of the late [NAME], they are prohibited from representing individual estate beneficiaries against another beneficiary. The Code of Professional Responsibility requires written consent from all concerned parties after a full disclosure before representing conflicting interests, which the counsels failed to obtain. Plaintiff seeks an order for formal disclosure and disqualification of the counsels from representing defendants in this case.

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Jhei Victoriano
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2K views

Motion To Disqualify Counsel - Sample

Plaintiff files a motion to disqualify defendants' counsels Atty. ABC and Atty. DEF as well as their law firm ABCDEF Law Offices due to an impermissible conflict of interest. As the previous counsels for the Estate of the late [NAME], they are prohibited from representing individual estate beneficiaries against another beneficiary. The Code of Professional Responsibility requires written consent from all concerned parties after a full disclosure before representing conflicting interests, which the counsels failed to obtain. Plaintiff seeks an order for formal disclosure and disqualification of the counsels from representing defendants in this case.

Uploaded by

Jhei Victoriano
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____
_______________________

_______________________,
Plaintiff,

-versus- CIVIL CASE NO.


_______________________

_______________________,
Defendants.
X ---------------------------------------------------x

OMNIBUS MOTION
FOR DISCLOSURE AND
DISQUALIFICATION OF DEFENDANTS’ COUNSELS

Plaintiff, by and through counsel, to this Honorable Court,


respectfully moves to disqualify defendants’ counsels Atty. ABC,
Atty. DEF and the law firm of ABCDEF LAW OFFICES in this matter
for an impermissible conflict of interest.

1. Atty. ABC and his associate Atty. DEF were the


retained counsels of the Estate of the late _______________.

2. As such counsels of the Estate of the late


____________, Atty. ABC, his associate Atty. DEF and any lawyer
from ABCDEF LAW OFFICES are prohibited from representing
the interests of the individual beneficiaries of the Estate of the
late __________________ against another beneficiary of the
same estate.

3. Rule 15.03 of the Code of Professional Responsibility


reads:
CANON 15 – A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS
ANDTRANSACTIONS WITH HIS CLIENTS.

Rule 15.03 - A lawyer shall not represent conflicting


interests except by written consent of all
concerned given after a full disclosure of the facts.
(Emphasis supplied)

4. Attys. ABC and DEF’s participation in the settlement


of the estates of ____________, disqualifies them from
representing herein defendants who are among the
beneficiaries of the estate against the interest of herein plaintiff
– similarly a beneficiary of the estate. The Code of Professional
Responsibility requires the lawyer to obtain the written consent
of ALL concerned before he may represent conflicting interests.
Irrefragably, Attys. ABS and DEF failed in this respect as the
records show that they were remiss in their duty to make a full
disclosure of their impending engagement as defendants’
counsel to all the Heirs of ______________ – particularly, herein
plaintiff – and equally secure plaintiff’s express written consent
before consummating the same. Accordingly, for Attys. ABC
and DEF’s violation of the aforestated rules, their
disqualification as counsel for defendants is warranted.

5. Jurisprudence provides that the aforesaid rule holds


even if the inconsistency is remote or merely probable or even
if the lawyer has acted in good faith and with no intention to
represent conflicting interests.

6. Plaintiff-movant does not have any malicious intent


to malign the good name of the counsels for the defendants or
to offend their sensibilities in filing this motion.

7. This motion is being filed, with all due respect to the


counsel for the defendants, solely in the spirit of truth, fairness
and justice and to insure that the laws and jurisprudence legal
ethics are duly complied with by all parties concerned.
PRAYER

WHEREFORE, premises considered, it is respectfully prayed


that an Order be issued :

1. Ordering Atty. ABC, Atty. DEF and the law firm of


ABCDEF LAW OFFICES to file a FORMAL DISCLOSURE with the
Court on the foregoing legal issues; and

2. DISQUALIFYING Atty. ABC, Atty. DEF and the law firm


of ABCDEF LAW OFFICES from further representing herein
defendants and/or any of the heirs of the late ________________

Other reliefs and remedies as may be deemed just and


equitable in the premises are likewise prayed for.

Angeles City, for _____________, Philippines, _______________


2019.

______________________________
Counsel for the Plaintiff
______________________________
______________________________
______________________________
NOTIFICATION AND COPY FURNISHED:

ATTY. ABC and


ATTY. DEF Received by:
Counsel for the Defendants ____________________
______________________________ ________________ 2019
______________________________

Branch Clerk of Court


Regional Trial Court of _____________
Branch _________

Please take notice that on ________, ___________ at 9:00 in


the morning, the foregoing motion shall be submitted for the
consideration and approval of the court.

______________________________

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