What is the name of your state? ILLINOIS
Here’s my dilemma…
I’m being sued for planting corn. It’s a silly land use issue, but my question is not on the merits of the case. My question is about conflict of interest.
The party suing me (a municipality) is using an attorney I’ll call Mr. Jones. Mr. Jones acted on my behalf about 10 years ago on at least one real estate transaction and about 2 years ago on behalf of a corporation I am a major stock holder in (while I was on the board of directors).
I no longer use Mr. Jones but decided to use Mr. Adams from the same law firm when I sold a business in June 2004. I was very happy with Mr. Adams and desired to continue using him for other business.
August 2004 I’m served at my residence. The plaintiff is being represented by Mr. Jones. I did a little research and found that the plaintiff had communicated with Mr. Jones in June of 2004 at the same time as Mr. Adams from the same firm (different location) was representing me. In fact, a key document that has been used against me was faxed from the plaintiff to Mr. Jones the same day I closed the deal on the business sale that Mr. Adams advised me on.
My legal fees have been about $2500 and I settled the case with the plaintiff out of court. I have spent countless hours on this issue and it has been very stressful. In addition my agreement with the plaintiff forbids me from using the land for certain things that may or may not affect its value.
My questions??
Is there a conflict of interest??
Is Mr. Jones wrong in taking a case against a former client at the same time as another attorney in his office is representing his former client?
Can I sue Mr. Jones for malpractice to recover attorney fees, personal grief, damages??
Is the only thing I can do file a complaint with the bar with NO restitution for me??
Drop the whole thing and chalk it up to experience?
Pennylady
Here’s my dilemma…
I’m being sued for planting corn. It’s a silly land use issue, but my question is not on the merits of the case. My question is about conflict of interest.
The party suing me (a municipality) is using an attorney I’ll call Mr. Jones. Mr. Jones acted on my behalf about 10 years ago on at least one real estate transaction and about 2 years ago on behalf of a corporation I am a major stock holder in (while I was on the board of directors).
I no longer use Mr. Jones but decided to use Mr. Adams from the same law firm when I sold a business in June 2004. I was very happy with Mr. Adams and desired to continue using him for other business.
August 2004 I’m served at my residence. The plaintiff is being represented by Mr. Jones. I did a little research and found that the plaintiff had communicated with Mr. Jones in June of 2004 at the same time as Mr. Adams from the same firm (different location) was representing me. In fact, a key document that has been used against me was faxed from the plaintiff to Mr. Jones the same day I closed the deal on the business sale that Mr. Adams advised me on.
My legal fees have been about $2500 and I settled the case with the plaintiff out of court. I have spent countless hours on this issue and it has been very stressful. In addition my agreement with the plaintiff forbids me from using the land for certain things that may or may not affect its value.
My questions??
Is there a conflict of interest??
Is Mr. Jones wrong in taking a case against a former client at the same time as another attorney in his office is representing his former client?
Can I sue Mr. Jones for malpractice to recover attorney fees, personal grief, damages??
Is the only thing I can do file a complaint with the bar with NO restitution for me??
Drop the whole thing and chalk it up to experience?
Pennylady