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

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A is suing Attorney.
A and B are in a Lawsuit.
Attorney represents B.

Who does the attorney have a ethical responsibility to? B.
Does the Attorney have an conflict with B in being in a lawsuit
with A? No.

Hypothetically...

What possible conflict does he have? Hmmm. The only conflict he
has is that Attorney may be overly zealous in pursuing B's case, in
essense fighing on, even though a settlment is possible. However,
if attorney gives B full disclosure, then the conflict ceases to
exist. In practical reality... B is better off since an attorney
with a personal grudge against A is more likely to "carry a
receivable" and extend B credit. Since in most cases, the first
person to run out of money loses, the extenstion of credit works to
B's benefit.

Now, I suspose there is the possiblity that the Attorney could in
theory try to shift litigation costs... for example take a
depositonat B's expense and use it to cover facts in both
litigation. However, that would be a problem between Attorney and
B, which would best be resolved by a fee arbitration. It would be
unethical if it happened, but the mere possibility of it happening
does not make representation a conflict.

In fact, an attorney can represent 2 clients with potential
conflicts as long as he gets "informed consent" from both
clients". It ussually happens in business cases, but it applies to
non-business clients as well.

What duty does Attorney have to A.

Attorney-Client Confidences?

Ok. If the litigation between A-B touches a relationship between A
an Attorney, then possibly.

But, if there was no professional relationship between A- and
Attorney, then there is no conflict.

Officer of the Court?

That affects the standard of conduct, not the issue of conflict.

Think of it this way. If Attorney could not represent B because of
A's lawsuit against Attorney, then it would be common for parties
to sue the other parties attorney on some frivolous matter to have
the Attorney removed. The only person who has any right to
complain is B and B can at any time fire the attorney.

On 5/04/03, John L. Schmeidler wrote:
> 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.
>

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

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