Risie Howard, as Special Administratrix of the Estate of Mrs. George Howard Jr. (Vivian) v. Baptist Health A/K/A…

Summary

The court held that the circuit court abused its discretion by disqualifying the estate's attorney based on her status as a potential witness when she intended to handle only pretrial matters. Rule 3.7 and the governing disqualification test address an attorney acting as trial counsel and a material trial witness, and the circuit court failed to faithfully apply that framework. The disqualification order was reversed and the case was remanded.