Facts: Mother and Father are the parents of Child.

In 2020, Mother moved to disqualify Father’s attorney, Ms. Guerrero, who is also Father’s wife and the mother of one of Father’s children.

Mother argued that in her efforts to collect a monetary judgment against Father, Father’s wife may, as his spouse, know about Father’s assets and what Mother perceives to be Father’s efforts to hinder the collection of the monetary judgment. Thus, Mother argued, Father’s attorney/wife is a likely witness.

The trial court agreed and entered an order disqualifying Father’s attorney/wife from representing Father.

Father appealed.

On Appeal: The Court of Appeals reversed the trial court.

Disqualifying a party’s lawyer is the most drastic remedy because it causes delay, increases costs, and deprives a litigant of its attorney of choice. Disqualification is discouraged, and courts should be extremely reluctant to disqualify a lawyer and should do so only when no other practical alternative exists. When the motion to disqualify comes from an opposing party, the matter should be reviewed with caution.

The Court found the disqualification of Father’s attorney/wife improper on these facts:

In this case, it is clear that the trial judge disqualified Ms. Guerrero when there was no objective basis to do so. There is no indication that Ms. Guerrero was subpoenaed to testify in any matter involving Mother and Father, and there is no evidence of an existing conflict arising from Ms. Guerrero’s participation. As such, the trial court’s statement that Ms. Guerrero “is a likely witness” is mere speculation. … In the absence of any evidence to suggest an actual, existing conflict, the trial court abused its discretion in disqualifying Ms. Guerrero. Should an actual conflict of interest arise in the future, the trial court is not precluded from revisiting the issue.

The Court reversed the trial court’s disqualification of Father’s attorney.

Source: Nelson v. Justice (Tennessee Court of Appeals, Eastern Section, July 27, 2023).

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