Murchison v. MurchisonAnnotate this Case
In order to avoid foreclosure, Wife sold the marital home to Lawyer, who already had a junior lien on the property in the form of a family law attorney's real property lien. On appeal, Wife challenged the superior court's order disqualifying Lawyer from representing her in divorce proceedings with Husband. Husband argues that the trial court did not abuse its discretion in disqualifying Lawyer because Lawyer violated California State Bar Rules of Professional Conduct, rule 3-300, which prohibits lawyers from entering into unfair business agreements with their clients. The court concluded that the trial court erred in disqualifying Lawyer on Husband’s motion because Husband had no standing where he has no personal stake; regardless of Husband's standing, the court saw no continuing effect Lawyer’s alleged misconduct will have on the subsequent proceedings and concluded that no grounds otherwise support disqualifying Lawyer; and therefore, the court reversed the judgment.