can you have one of your patients who is lawyer represent you

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: The lawyer believes they can provide "competent and diligent" representation to all affected clients;

Full Answer

When is a lawyer not allowed to represent a client?

(a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:

Do lawyers have to tell you the identity of their clients?

There are exceptions, which don't appear to apply in the circumstances you've mentioned, such as to prevent a client's commission of a crime or mitigating damaging that may be caused by a client's fraudulent activity. In the instance you describe, however, the attorney is not required to inform you of the identity of his client.

Can a power of attorney represent you in a legal proceeding?

Not really. " Power of attorney " is simply an agency relationship, i.e., it permits the person vested with power of attorney to make legal decisions on your behalf. But representing someone in a legal proceeding is something else entirely. Only a licensed attorney can do that.

Does the Attorney have to disclose who he represents?

The attorney does not have to disclose who he represents. You do not have to talk to the attorney. * This will flag comments for moderators to take action. Well, I don't think you are crazy, but I'm not sure about the rest of it.

Can a friend who is a lawyer represent me?

In court cases, you can either represent yourself or be represented by a lawyer. Even for simple and routine matters, you can't go to court for someone else without a law license. Some federal and state agencies allow non-lawyers to represent others at administrative hearings.

Can a lawyer represent his relative?

Should a lawyer represent a family member? The answer to the first question is a qualified yes. Courts do not typically intervene in allowing a family litigant to choose their lawyer, just as they generally don't interfere with litigants who represent themselves.

Can two lawyers represent the same client?

The California Rules generally permit a lawyer to represent multiple clients with conflicting interests so long as all the clients have provided their informed written consent.

Can a lawyer choose not to represent someone?

Absolutely, an attorney has the right and free will to refuse to represent anyone. There are many reasons an attorney might decide not to represent someone: lack of money, conflict of interest, conflict of personalities, the attorney might not...

Can a lawyer represent his girlfriend?

Adam Lefkowitz. Generally, no. The mere fact that the girlfriend is the client is not an ethical violation. Like all other cases, it is only if there are other specific facts or circumstances that impact on the integrity of the relationship that there is a potential ethical...

Who can represent you in court?

They could be someone who has a legal background, such as a solicitor's agent. If you do not attend court yourself, you can also be represented at a Small Claim by a barrister, a solicitor, a legal executive, or a solicitor's agent.

What would be a conflict of interest for an attorney?

A conflict of interest means a situation where your separate duties to act in the best interests of two or more clients in the same or a related matter conflict. For this situation to happen, you must be currently acting, or intending to, act for two or more clients.

Can one lawyer represent two defendants?

Can a criminal defense lawyer represent co-defendants who may be charged in the commission of the same crime or series of crimes? The answer is a qualified, “Yes,” provided that there are no conflicts between the defendants that require the attorney to choose which client to more vigorously represent.

What are the rules of conflict of interest?

The federal conflict of interest rules are found at 18 U.S.C. § 208 with implementing regulations at 5 C.F.R. § 2635.402. Essentially, these rules prohibit you from taking official action in a particular matter involving any entity in which you, or someone whose interests are imputed to you, have a financial interest.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Can you reject a case as a lawyer?

Yes, a defense lawyer can refuse to take a case. There are many reasons why a defense lawyer might decline to take a case, but it's probably not for the reason(s) you think.

What happens if an attorney does not represent the client?

If the attorney does not represent the client, which I would ask to be confirmed in writing, then you have no obligation to provide any information regarding a case. In some situations, (such as if YOU were an attorney yourself), it would be an ethical violation for you to say anything.

How to know if a lawyer is a lawyer in Oregon?

If a person is really an attorney, they'll have an identifying number with the Oregon State Bar (this answer applies to Oregon). You can then check them out professionally at osbar.org. Oddly, if the client has asked that the lawyer keep his name confidential, then the lawyer can't tell you who he represents. However, I'm pretty sure that you can then refuse to answer any questions in other words, you don't give any information until they tell you who's asking. Your company should have legal representation, and you need to tell your company's attorney about this contact.

What happens if you don't disclose who you represent?

Furthermore, if you or your company is involved with litigation and represented by an attorney already, any other attorneys should never contact you but should go through your attorney directly. This is an ethical rule. If the person tries to contact you again instead of your attorney, let your attorney know right away.

What to do if an attorney refuses to answer your question?

If the attorney refuses to answer your question, simply hang up on him or her. Just because the person is an attorney, that is no license to be rude.

What to do if you don't like comments?

If you don't like the comments, hang up the phone.

Can an attorney disclose who they are working for?

An attorney is not allowed to disclose who they are working for, unless they have that person's permission. Attorneys,for example, are not allowed to post a listing of their clients, unless each clients has given permission to be on the list. It is rarely in the client's best interest to have it revealed who their attorney is, and so the attorney should rarely ask to list such things. But, if an attorney is representing a person in a particular matter and if they are contacting an opposing party, then they should say who they are representing. But, this is not always the case and it depends what the situation is. For example, lawyers are allowed to act on someone's behalf and not reveal who they are working for, or even that they are working for anyone. This is often the case, especially in big real estate bargaining. However, if someone calls you for information and you are not satisfied that they have a right to know, you do not need to answer or give them any information at all. If a lawyer is representing a person and is going to discuss or negotiate on the person's behalf, they will let you know they are engaged to represent the person in that dealing. If there is a court case pending and a lawyer is officially representing a party, they will put their name on the court filings, and will often send letter saying whom they represent. Often, a lawyer may seek information on behalf of a client, but not want to reveal for whom they work. It is up to you to decide whether you wish to give such a person information. The one main thing a lawyer cannot do is lie and say they represent someone they do not represent. So if you ask a lawyer whom they represent in the matter, if anyone, the lawyer is not allowed to falsely name someone. But, they can refuse to answer, and you can refuse to discuss with them. However, in some locations, there are special rules about a lawyer acting as a real estate agent being allow to bluff certain things. To accurately answer your question, I would need all the details.

Is the identity of a client confidential?

The identity of a client is usually considered to be confidential information - so the attorney was correct in not answering your question. Usually, it is only after the client grants permission to the lawyer to reveal the relationship - then the attorney is permitted to do so.

What are the duties of a lawyer?

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.

What are the conflicts of interest in a lawyer?

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.

Do attorneys have to do conflict checks?

While an attorney may be able to easily identify a conflict, sometimes they're not always easy to spot. Because of this, it's the attorney's responsibility to perform regular conflict checks when taking on a new client.

Can an attorney answer questions about conflicts of interest?

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.

Can a law firm represent a client?

It's also important to note that a law firm may be able to represent a client even though a single attorney had a conflict of interest, if a "firewall" can be successfully put around the attorney with the conflict. This essentially means that the matter would not be discussed with or around the attorney with the conflict, ...

Can a conflict of interest occur at the law firm level?

It's also possible for there to be an issue if the potential client's interests are at odds with the attorney's own interests. 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), ...

Is representation illegal in a lawsuit?

The lawyer believes they can provide " competent and diligent " representation to all affected clients; The representation isn't illegal in any way; The lawyer isn't representing two clients against each other in the same lawsuit; and. Each affected client provides informed consent in writing.

How to represent you in court?

represent you competently, zealously, and within the bounds of the law. keep conversations with you confidential, except in specific and rare occasions. communicate with you in a timely and effective manner. keep you informed of developments in your case.

What happens if a lawyer violates the rules?

If your lawyer violates these rules, he or she can be disciplined or even face a legal malpractice suit.

How to sign a retainer agreement?

If you signed a retainer agreement when your hired your lawyer, it may include specific duties that you owe your lawyer. Because the retainer agreement is a contract, you are legally bound by its terms. In general, clients have the following duties: 1 Be truthful with your lawyer. 2 Cooperate with your lawyer and respond to requests for information in a timely manner. 3 Attend meetings and legal proceedings, such as a deposition or mediation. 4 Be courteous to your lawyer and his or her team. 5 Don’t ask your lawyer to do anything illegal or unethical. 6 Pay your legal bills in a timely manner.

What are the rules of professional conduct?

Each state has its own ethical rules for lawyers, called the rules of professional conduct. When lawyers fail to live up to this code of conduct, the state disciplinary board can take action against them—from a simple warning to disbarment (losing the license to practice law forever).

How to be courteous to a lawyer?

Be courteous to your lawyer and his or her team. Don’t ask your lawyer to do anything illegal or unethical. Pay your legal bills in a timely manner. These duties are often implied as part of the attorney-client relationship, even if you didn’t expressly agree to them in a retainer agreement.

What is attorney-client privilege?

When you seek advice from an attorney about a legal matter, your private communications with your lawyer are protected by the attorney-client privilege. This means that your lawyer cannot reveal any information that you disclose to him or her in confidence, unless you give your express permission.

Can a lawyer be prosecuted for a legal malpractice case?

return your money or property upon request, including your client file. If your lawyer’s actions were also illegal, he or she can be criminally prosecuted. And, if your lawyer caused you to lose your case or otherwise suffer a financial loss, you can sue for legal malpractice.

Why is it important to get a workers compensation attorney?

Choosing the best Workers' Compensation attorney is an important part of ensuring you get the best medical care for your workplace injury.

Do medical offices take on extra paperwork?

Many medical offices won't take on the extra paperwork necessary to get treatments approved and move your case along. Many other medical facilities are in the pocket of the insurance company, and won't put your health first.

Is it hard to find a good doctor for workers compensation?

If you have a good Workers' Compensation attorney, their job is to take care of those challenges for you. It can be very difficult to find a good doctor within the Workers' Compensation system.

Why do judges have no sympathy for lawyers?

Judge's don't have much sympathy for the lawyer in these cases in criminal matters, because the ordinary custom and practice is to work for a flat fee that is mostly paid up front. A judge who forces a lawyer to keep working a case like that is prioritizing fairness for the client over coddling the lawyer's bad business management of the lawyer's firm, protecting the public from having to hire a public defender at the public's expense in the case in a manner that might involve wasteful redundant legal work, and protecting the public interest in keeping an eye on police misconduct.

Why can't a lawyer stop defending a client?

A lawyer absolutely cannot stop defending a client because the lawyer believes the client is guilty. This is so that an apparently guilty client only has to convince a court of his innocence, not a court and his lawyer.

What is ethical reason?

First of all, to clarify, the question when asking about "ethical reasons" is asking about personal, not legally enforceable reasons based in personal morality that a lawyer might withdraw. This terminology can be a bit confusing because violations of legally enforceable rules of professional conduct for lawyers, are commonly called "ethics rules". But, violations of "ethics rules" were discussed above, and this part of the answer is about non-legally enforceable reasons rooted in a lawyer's personal moral compass that might cause a lawyer to withdraw from a representation of a client in the middle of a case.

Why do lawyers withdraw?

Indeed, one of the main motives for a lawyer to withdraw other than not getting paid, is that the client's conduct makes it impossible for the lawyer to represent the client in a manner that doesn't harm the lawyer's reputation.

What happens if a lawyer withdraws from a case?

Similarly, if the lawyer withdraws following a judge's implication that the lawyer has engaged in misconduct in a case, or following a client letter to court accusing the lawyer of something unsavory, that hurts the lawyer's reputation.

How often should a lawyer withdraw from a case?

A typical, good quality, ethical lawyer with a busy practice will withdraw from representing a client in the middle of a case perhaps once every two to four years on average, and more often if the lawyer handles a lot of small cases and a high volume of clients.

Why do criminal defense lawyers push to have clients who are 100% guilty acquitted?

For example, criminal defense lawyers routinely push to have clients who are 100% guilty acquitted because the evidence against the defendant was obtained illegally by the police. Part of a lawyer's role in defending a criminal case involving a guilty defendant is to perform the larger civic role of constantly monitoring the law enforcement system for police misconduct that incidentally benefits the client (and that is one reason why a court doesn't want to let a lawyer withdraw when the defendant is likely to be guilty but there are indications of police misconduct in the case).

Did the attorney show up for court?

The attorney never not showed up for court and did not file a motion to postpone. This forced the client to face the judge with no representation. Consequently, the client lost the case.#N#(Is there a statute of limitation in place for the client's recourse?)

Can you sue an attorney for malpractice?

Yes, there is a statue of limitations for a malpractice claim against an attorney, so without delay you should access experienced counsel to evaluate your claim. Be aware that you must prove that the attorney's action (or failure to act) was below the standard of care for attorneys in your community, and that the act or omission caused you damages measurable in money.