Q: Can a defense attorney also be a party in a suit?
I added the attorney as a party after they filed notice of appearance to appear as defense counsel. I assumed this would disqualify them as acting as defense for the other parties and themselves.
A: Your assumption is probably incorrect. If, however, the attorney is called to testify he or she may be required to withdraw. And if you added the attorney solely as a device to force the attorney to withdraw, you may be subject to sanctions.
Charles M. Baron and Bruce Alexander Minnick agree with this answer
A: You are playing with fire!! If you have no rational theory of liability for suing the opposing party's lawyer, you are likely to be sanctioned, either pursuant to Florida Statutes Section 57.105 or the Court's inherent sanction powers. Sanctions may include dismissal or your claims (possibly even against ALL parties) and paying the fees and costs incurred by the wrongfully-sued party. When the wrongfully-sued party is an attorney, he/she may seek fees for his/her own time spent on the case or for money spent on another attorney hired to defend him/her.
Bruce Alexander Minnick agrees with this answer
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