Attorney Disqualification Standing
In a divorce proceeding, Wife’s Lawyer purchased the family home from Wife in order to save it from foreclosure, and tangentially, to protect his own lien.
The sale was court-ordered to permit Husband to cash out of the family home. Husband brought a motion to disqualify Lawyer because Husband alleged the sale to Lawyer was not fair and equitable to Wife.
Held: Husband had no standing to bring the motion because he did not allege that he was harmed by the sale, or that he otherwise had a stake in the contract between Wife and her Lawyer. Though other people may have chosen differently, Wife wanted to continue to retain Lawyer.