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

    Posted by John L. Schmeidler on 5/04/03

    On 5/04/03, JR in ON; L.L.B. wrote:
    > 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 ?


    Yes, for further comment. An attorney's first duty is to the
    court, and in fact, acts as an officer of the court. In as much,
    as that is the attorney's first duty, I see no difference in
    recusing a judge who attempts to act as judge in a matter where
    one of the litigants has a law-suit against the judge. There is
    a prejudice that cannot be overcome. An attorney who represents
    a client when the opposing litigant has a law-suit against that
    attorney can hardly be expected to act without bias and prejudice.
    Hence the attorney can not be expected to act in a manner
    conducive to justice.

    Posts on this thread, including this one
  • Attorney representation against me, while I have a law suit , 4/15/03, by John L. Schmeidler.
  • Re: Attorney representation against me, while I have a law s, 4/15/03, by rrr.
  • Re: Attorney representation against me, while I have a law s, 5/04/03, by JR in ON; L.L.B..
  • Re: Attorney representation against me, while I have a law s, 5/04/03, by John L. Schmeidler.
  • Re: Attorney representation against me, 5/04/03, by sharwinston.
  • Re: Attorney representation against me, while I have a law s, 5/04/03, by rrr.


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