The answer is no if the lawyer who previously represented you received confidential information about you from you that the lawyer now is using against you. If the matters are totally unrelated, and there would be no appearance of impropriety for the lawyer to represent your adversary, then maybe.
Full Answer
May 31, 2012 · An attorney may be disqualified if the former client can show that they had a “direct professional relationship…in which the attorney personally provided legal advice and services on a legal issue that is [substantially] related to the legal issue in the present representation.” (City and County of San Francisco v.
Aug 11, 2021 · Yes, you can. However, you would have to prove that your lawyer did so without your authorization because the settlement was far less than what you were truly owed and didn’t effectively represent your case or that the lack of communication was systematic. If my attorney sent me a large and unforeseeable bill, what can I do?
Aug 25, 2014 · No that is not a conflict. But you should make sure your criminal attorney is experienced in the area of family law. If he or she is not, you should hire a family lawyer for that part of the case in my opinion. More. 1 found this answer helpful. found this helpful.
Apr 11, 2012 · Absolutely; a lawyer may represent the same client in multiple cases. There may be reasons this couldn't, or wouldn't, happen (such as if the lawyer has a conflict with the new opposing party, say, or if the lawyer isn't competent to handle the new claim) but there's certainly no blanket bar on representing a client in separate and concurrent cases.
(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.Apr 17, 2019
9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021
If you have called your attorney, left messages, sent emails, and you still haven't heard a response, the best course of action is to send a certified letter to his or her office questioning the failure to communicate and informing them that you are prepared to find a new lawyer if the situation does not improve.Mar 29, 2021
Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.
Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020
Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018
Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...
Once a month is a good rule of thumb if things are slow, but if you are preparing for trial or in my case an administrative benefits hearing, the contact with you and your attorney should be more frequent and specifically scheduled.
Most documents held by your lawyer that relate to the case are yours—ask for them. In some states, however, a lawyer may have some rights to a file until the client pays a reasonable amount for work done on the case.Jun 7, 2018
Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021
Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.
The State Bar of California'sThe State Bar of California's principal mission is protecting the public, primarily through a rigorous licensing process, regulating attorneys, prosecuting complaints of lawyer misconduct and promoting ethical conduct.
No that is not a conflict. But you should make sure your criminal attorney is experienced in the area of family law. If he or she is not, you should hire a family lawyer for that part of the case in my opinion.#N#More
This is not a conflict of interest. However, it is up to your attorney whether to represent you in both proceedings. You should discuss the matter with your attorney.
Whoever told you that there would be a conflict of interest was probably practicing law without a license or is a really bad lawyer. There is nothing unethical or improper about about an attorney representing the same client in more than one matter and in fact, attorneys simultaneously handle both sorts of matters you mentioned all the time.
I will assume that your ex or some other third party is telling you this. Unless there's something missing, I don't see the conflict. I would, however, defer to whatever your lawyer is telling you because he/she is in the best position to understand all of the facts...
Absolutely; a lawyer may represent the same client in multiple cases.
Yes, there is nothing prohibiting an individual from retaining a single attorney to represent him in two different matters. However, the attorney is ethically prohibited form representing both parties without a written waiver from the clients if there is a conflict of interest .
A lawyer can represent the same person in however many cases that person has.
An attorney can represent you in an unlimited amount of cases so long as there is not a conflict of interest. The conflict of interest would be that your case is against another client of the attorney's, or something similar. The problem is whether or not the attorney will want to take any of the additional cases.
[8] Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer's ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer's other responsibilities or interests. For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others. The conflict in effect forecloses alternatives that would otherwise be available to the client. The mere possibility of subsequent harm does not itself require disclosure and consent. The critical questions are the likelihood that a difference in interests will eventuate and, if it does, whether it will materially interfere with the lawyer's independent professional judgment in considering alternatives or foreclose courses of action that reasonably should be pursued on behalf of the client.
For example, a lawyer asked to represent several individuals seeking to form a joint venture is likely to be materially limited in the lawyer's ability to recommend or advocate all possible positions that each might take because of the lawyer's duty of loyalty to the others.
General Principles. [1] Loyalty and independent judgment are essential elements in the lawyer's relationship to a client. Concurrent conflicts of interest can arise from the lawyer's responsibilities to another client, a former client or a third person or from the lawyer's own interests. For specific Rules regarding certain concurrent conflicts ...
[21] A client who has given consent to a conflict may revoke the consent and, like any other client, may terminate the lawyer's representation at any time. Whether revoking consent to the client's own representation precludes the lawyer from continuing to represent other clients depends on the circumstances, including the nature of the conflict, whether the client revoked consent because of a material change in circumstances, the reasonable expectations of the other client and whether material detriment to the other clients or the lawyer would result.
[18] Informed consent requires that each affected client be aware of the relevant circumstances and of the material and reasonably foreseeable ways that the conflict could have adverse effects on the interests of that client . See Rule 1.0 (e) (informed consent). The information required depends on the nature of the conflict and the nature of the risks involved. When representation of multiple clients in a single matter is undertaken, the information must include the implications of the common representation, including possible effects on loyalty, confidentiality and the attorney-client privilege and the advantages and risks involved. See Comments [30] and [31] (effect of common representation on confidentiality).
Thus, a lawyer related to another lawyer, e.g., as parent, child, sibling or spouse, ordinarily may not represent a client in a matter where that lawyer is representing another party, unless each client gives informed consent.
[34] A lawyer who represents a corporation or other organization does not, by virtue of that representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. See Rule 1.13 (a). Thus, the lawyer for an organization is not barred from accepting representation adverse to an affiliate in an unrelated matter, unless the circumstances are such that the affiliate should also be considered a client of the lawyer, there is an understanding between the lawyer and the organizational client that the lawyer will avoid representation adverse to the client's affiliates, or the lawyer's obligations to either the organizational client or the new client are likely to limit materially the lawyer's representation of the other client.
In the legal field, however, one of the legal duties every lawyer must observe is to avoid conflicts of interest when it comes to their clients. In fact, if a lawyer represents a client knowing that there's a conflict of interest, they can be disciplined by the state bar and sued by the client for legal malpractice.
There are a variety of conflicts of interest that can prevent a lawyer from taking on a particular case. The conflict may occur between the prospective client and one of the attorney's current or former clients. There can also be concerns if a client's interests are in conflict with the lawyer's professional or personal relationships.
There are times when an attorney may be able to represent a client despite an apparent conflict of interest, although the rules on this can vary by state. For example, a lawyer may be able to accept an individual as their client if: Each affected client provides informed consent in writing.
An attorney can not only answer any questions you may have about the scope of an attorney's obligations to their client, they can also answer other questions you may have about the law.
A conflict of interest can also occur at the law firm level. For example, even if an attorney working at a law firm didn't personally work on a particular matter (because someone else at the firm handled it), if the attorney leaves the firm, he or she could still have a conflict of interest related to that matter based on the firm's work.