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Although Ms. Livingston had agreed to have Mr. Lanier serve
as personal representative of Mr. Kayian, Sr.'s estate in the
probate proceeding involving that estate, he was not appointed as
such because Mr. Kayian, Sr.'s family was unable to agree on how
to handle that estate. On December 10, 1993, Ms. Livingston was
appointed personal representative of Mr. Kayian, Sr.'s estate.
In January 1994, probate of the intestate estate of Mr. Kayian,
Sr. began (probate proceeding) in the probate division of the
13th Circuit Court (Probate Court). David M. Carr (Mr. Carr), an
attorney, represented Ms. Livingston both in her capacity as
personal representative of that estate and in her individual
capacity.
At some undisclosed time prior to January 4, 1994, the two
Key West condominiums that Mr. Kayian, Sr. had owned were at risk
of foreclosure because the mortgage loans thereon were in de-
fault. A final judgment of foreclosure dated November 21, 1994,
was entered by the Circuit Court of the 16th Judicial Circuit in
and for Monroe County, Florida, with respect to one of those
condominiums, and a supplemental summary judgment of foreclosure
dated January 8, 1996, was entered by that court with respect to
the remaining condominium.
By letter dated February 1, 1994, to John P. Holsonback, an
attorney representing Mr. Kayian, Jr. in the probate proceeding,
Mr. Carr, inter alia, made a formal demand that Mr. Kayian, Jr.
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