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Malpractice by opposing attorney

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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)?
NC


A long time ago I ran my business and had multiple parties involved receiving percentages. There were two overseas parties and a single party from here in the states. The two overseas parties and I stopped working with the one from the states and he turned around and sued the company and me. We settled and now I am paying him. Soon after this the two overseas parties quit working with me and tried to destroy the business by taking our online software down and making it to where I couldn't do anything about it. They tried to sabotoge the business and steal customers afterwards.

I received notice from THE SAME lawyer that represented the party from here in the states that he is now representing the overseas developers.

This is a conflict of intrest because:
The lawyer was representing the party from here in the states against me and the business (which included the overseas parters at the time) and now he is representing the overseas developers too.
The overseas developers were and still are directly effecting my means of paying the lawyers first client (the one from the US).


I was wondering if since he is not my lawyer, if I can still file a malpractice claim against him? He is clearly out of line, and I'm not sure why his first client is okay with this. I believe it is an attempt for all parties invloved to attempt to disparage me.
The following is based on the assumption that the attorney didn't represent you in the prior matters:

What you have described isn't necessarily a conflict of interest. Heck, I'd be willing to bet that the attorney has all his i's dotted and t's crossed to ensure that it's not a conflict.
Furthermore, even if there is some sort of conflict, you don't have any basis to sue over it.
 


ImInjured

Junior Member
The following is based on the assumption that the attorney didn't represent you in the prior matters:

What you have described isn't necessarily a conflict of interest. Heck, I'd be willing to bet that the attorney has all his i's dotted and t's crossed to ensure that it's not a conflict.
Furthermore, even if there is some sort of conflict, you don't have any basis to sue over it.
It is conflict of intrest, no doubt about it at all.

The problem is it's not my attorney, so I'm wondering if I can do anything about it? The reason I have an issue with it is he is representing someone who is directly and undeniably destroying my business (they have admitted to it) and my means to pay his first client. Which, if I can't pay his first client, they will take further action against me. So by his representation of my old developers, he is jeapordizing his first clients ability to be paid and it also means HE can take action with his first client against me IF i can't pay.
 
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Zigner

Senior Member, Non-Attorney
It is conflict of intrest, no doubt about it at all.

The problem is it's not my attorney, so I'm wondering if I can do anything about it? The reason I have an issue with it is he is representing someone who is directly and undeniably destroying my business (they have admitted to it) and my means to pay his first client. Which, if I can't pay his first client, they will take further action against me. So by his representation of my old developers, he is jeapordizing his first clients ability to be paid and it also means HE can take action with his first client against me IF i can't pay.
That's not a conflict of interest.

https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-17-conflict-of-interest-current-clients/
 

ImInjured

Junior Member
That's not a conflict of interest.

https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-17-conflict-of-interest-current-clients/
Quit posting for postcount. It's chapter and verse.

Because he is representing the new client, I can't pay his first client. It can't get more clear. It is a conflict of intrest.
 

Zigner

Senior Member, Non-Attorney
Quit posting for postcount. It's chapter and verse.

Because he is representing the new client, I can't pay his first client. It can't get more clear. It is a conflict of intrest.
In the future, when you come here only looking for answers that support your position, as opposed to correct answers, please let us know ahead of time.
 

ImInjured

Junior Member
In the future, when you come here only looking for answers that support your position, as opposed to correct answers, please let us know ahead of time.
I bet you've said that on the other 64k posts. You actually just linked something that supported what I said. You responded to the first post before you could have possibly read it.

You now won't even address the fact that what you linked was actually exactly what the lawyer is doing. So, you actually did support my position, but you are too blinded to see it.
 

FlyingRon

Senior Member
I'm going to have to agree with Zig on this. There's no CONFLICT here, just commonality. Lawyers often make their living representing multiple clients suing a common defendant. As long as this situation doesn't put one client at a disadvantage over the other, there's no conflict, just mutual benefit perhaps. There's a whole cottage industry representing a slew of clients involved in suing particular defendents be they drug companies, or the government, or auto manufacturers, or investment banks, etc...

Further, were there a conflict between his two clients, that's no business of yours. They'll have to raise that issue themselves if they want.

A standard part of such representation is almost always disclosure of any potential conflict to the new client. As Zig says, I'm sure the attorney has cross his eyes and dotted his tea.
 

quincy

Senior Member
What is the name of your state (only U.S. law)?
NC


A long time ago I ran my business and had multiple parties involved receiving percentages. ...

... I was wondering if since he is not my lawyer, if I can still file a malpractice claim against him? ...
You said you ran a business "a long time ago." How long ago?

How old are you, ImInjured? Here is a link to your August thread: https://forum.freeadvice.com/consumer-contracts-guarantees-warranties-22/university-forcing-non-refundable-meal-option-627274.html

You can file a complaint with the attorney's State Bar if you believe an attorney has violated a professional rule. You do not have to be a client or a former client to file a complaint. I agree with Zigner, though, that there does not appear to be a conflict of interest from what you have posted. I see no malpractice.

Here is a live link to the Rules of Professional Conduct for North Carolina: https://www.law.cornell.edu/ethics/nc/code/NC_Code.HTM
 
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ImInjured

Junior Member
I'm going to have to agree with Zig on this. There's no CONFLICT here, just commonality. Lawyers often make their living representing multiple clients suing a common defendant. As long as this situation doesn't put one client at a disadvantage over the other, there's no conflict, just mutual benefit perhaps. There's a whole cottage industry representing a slew of clients involved in suing particular defendents be they drug companies, or the government, or auto manufacturers, or investment banks, etc...

Further, were there a conflict between his two clients, that's no business of yours. They'll have to raise that issue themselves if they want.

A standard part of such representation is almost always disclosure of any potential conflict to the new client. As Zig says, I'm sure the attorney has cross his eyes and dotted his tea.
No mutual benefit between his clients. He is directly hurting his first client, and I am liable. So him hurting his first client, ultimately, allows him to hurt me.
 
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ImInjured

Junior Member
You said you ran a business "a long time ago." How long ago?

How old are you, ImInjured? Here is a link to your August thread: https://forum.freeadvice.com/consumer-contracts-guarantees-warranties-22/university-forced-non-refundable-meal-option-627274.html

You can file a complaint with the attorney's State Bar if you believe an attorney has violated a professional rule. You do not have to be a client or a former client to file a complaint. I agree with Zigner, though, that a conflict of interest is not clear from what you have posted.

Here is a live link to the Rules of Professional Conduct for North Carolina: https://www.law.cornell.edu/ethics/nc/code/NC_Code.HTM
Doesn't matter. Doesn't matter. And thanks.
 

ImInjured

Junior Member
As a reminder to the trolls: My question was if I could take action against a lawyer not representing me if I believed what he was doing was violating the rule. Not your opinion on the matter. Also, my age is irrelevant as well in case that wasn't clear.
 

ImInjured

Junior Member
No, he's not :rolleyes::rolleyes:
Well if you're implying his first client is in on it, then that's great for me because lets say hypothetically his first client isn't allowed to do anything that would indirectly or directly hurt my business. So essentially, either way he is hurting his first client.
 

quincy

Senior Member
Doesn't matter.
I think it could matter, which is why I asked.

Doesn't matter.
I think it could matter, which is why I asked.

And thanks.
You're welcome.


As to your "trolls" comment: None of the forum members who responded to your thread is a troll. We DO on occasion have trolls who visit this site and present us with make-believe issues. Questions that are asked by forum members can often help us distinguish the real poster from the phony poster.
 

Zigner

Senior Member, Non-Attorney
As a reminder to the trolls: My question was if I could take action against a lawyer not representing me if I believed what he was doing was violating the rule. Not your opinion on the matter. Also, my age is irrelevant as well in case that wasn't clear.
Your question was answered in my initial response.
 
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