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  #1  
Old 08-10-2007, 07:18 PM
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Join Date: Aug 2007
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Conflict of interest...????


What is the name of your state? Connecticut
My question is two part.
First, in 1993 I used a lawyer who was with a partner (ie--Smith & Jones) that I hired for a workman's comp injury case. He did his job and I received a settlement.
A few years later they went their own way.
In 2005 I was involved an auto accident. The lawyer who I used (Smith) in my workman's comp case was hired by the woman I had the accident with to sue not only my LLC company, but me personally. I thought that if you retained or hired an attorney previously, they couldn't work against you in the future. Conflict of interest?
Apparently, this attorney doesn't remember me. I want to have some info and my ducks lined up before I proceed with this.
Is there any repercussion towards him on my part? Or, simply, is he allowed to sue me on her behalf?

The second part of my question.
How, or where, can I locate any documents pertaining to my original comp settlement and the legal party representing me in 1993? Would the Lawyer have it? Would he have to give it up? Would it be on record with any municipality even though it never went to suit and because it was a settlement?
How about workmans comp end? I would think they would have a case on it, because as I understand it, the case was settled and closed? But who is workmans comp throught, the State of Connecticut?

Very much appreciate any and all responses!!
  #2  
Old 08-11-2007, 12:50 PM
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Join Date: Aug 2007
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Input....come on, people!!!


No responses? Come on, guys. Ten people read this already. Whatta ya think?
  #3  
Old 08-11-2007, 01:15 PM
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Join Date: Jul 2007
Posts: 2,337
I'm not a lawyer, but I do not think there is a conflict here. This lawyer represented you 14 years ago in a case that has absolutely nothing to do with the current one.

If he has some knowledge about you that is confidential and privileged, i.e. was gained in the course of representation, that he uses to the advantage of his current client, that would be unethical, but since he apparently doesn't remember you, that seems unlikely.
  #4  
Old 08-11-2007, 11:47 PM
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Posts: 682
Quote:
Originally Posted by las365 View Post
I'm not a lawyer, but I do not think there is a conflict here. This lawyer represented you 14 years ago in a case that has absolutely nothing to do with the current one.

If he has some knowledge about you that is confidential and privileged, i.e. was gained in the course of representation, that he uses to the advantage of his current client, that would be unethical, but since he apparently doesn't remember you, that seems unlikely.
You may not be an attorney, but you're spot on. Here's the applicable rule on the subject for Connecticut lawyers:

Rule 1.9 Conflict of Interest: Former Client

A lawyer who has formerly represented a client in a matter shall not thereafter:

(1) represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation; or

(2) use information relating to the representation to the disadvantage of the former client except as Rule 1.6 would permit with respect to a client or when the information has become generally known.
  #5  
Old 08-12-2007, 11:04 PM
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Join Date: Aug 2007
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Thanks


Thanks for your time in responding to my question. It is appreciated!
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