Re: Attorney representation against me, while I have a law s

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On 4/15/03, rrr wrote:
> On 4/15/03, John L. Schmeidler wrote:
>> An attorney against whom I have filed a lawsuit, which is
>> pending, is representing a client in an action against me.
>> My lawsuit against the attorney is an action in fraud and
>> abuse of process.
>> Is it ethical for this attorney to be involved in the
>> action against me?
>
> Yes. There is no conflict of interest between you and him.
> What violates rules is if he tried to represent you in one
> case and sue you in an another, at the same time.

I wouldn't be so quick with a categorical "Yes". Wouldn't the
attorney for the 'other' client be a participant in what you
folks call deposition (here; examination for discovery)? And
isn't information obtained/disclosed in that process deemed to
be subject to priveledge; i.e., used or disclosed only for the
purposes of that particular litigation ? If so, how could the
attorney be thought to have built what is often referred to in
intra-firm conlict of interest cases as a "Chinese wall" within
his/her own mind ? How could anyone be confident that the
attorney would not be using information obtained in the course
of his client's litigation in his/her own defense. Potentially,
both clients are prejudiced. Further, quite apart from the
individuals involved, there is clearly a public perception of
impropriety, which engages the ultimate test - "the liklihood
of visiting even apparent disrepute upon the administration of
justice". The more I think about it, the more I have to think
that a motion to remove the attorney as "solicitor of record"
(as we call it), would likely be successful in any common law
jurisdiction.

comments, anyone ?

Re: Attorney representation against me, while I have a law s, 5/04/03, by rrr.

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