Lopez

INTRODUCTION

In this opinion, we hold the trial court failed to apply the proper legal standards, and thereby abused its discretion, in disqualifying attorney Daniel Boone from representing appellant Cynthia Lopez under the advocate- witness rule. We publish to further clarify the standards applicable to a disqualification motion under the advocate- witness rule, having previously done so in affirming an attorney’s disqualification in Doe v. Yim (2020) 55 Cal.App.5th 573 (Yim). In 2015, appellant, then proceeding pro se, brought this action against respondent Kenneth Lopez, her brother, alleging he had falsely accused her of committing crimes against him and their elderly parents. In January and February 2016, respondent emailed Boone (appellant’s husband since June 2015, her former coworker at his law firm, and later her counsel in this action), warning that if appellant did not settle the action, respondent would file a cross-complaint the next day, which he did. The court subsequently dismissed respondent’s cross-complaint. In May 2017, appellant retained Boone to represent her pro bono or at a discounted rate, having been advised by Boone that he would likely need to testify…