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  #1  
Old 10-15-2006, 01:10 AM
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Question

Still Attorney Conflict of Interest or Not


What is the name of your state? CA

LASC / CA COURTS

If plaintiff's attorney representing a legal malpractice action has used the same appearance attorney (thru an atty svc) as the defendant on "non-related" cases, does that still make it a conflict of interest?

Thanks.
  #2  
Old 10-17-2006, 12:26 AM
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The atty (service) made a 'special' appearance on the case. (Most attys use the service to simply continue a case).

As the service is in the business of making 'special' appearances for lawyers, then it is fairly inevitable that the service would have appeared for both sides, at some point.

That is not unethical.
  #3  
Old 10-17-2006, 11:49 AM
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Location: Ohio
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Quote:
Originally Posted by garrula lingua View Post
The atty (service) made a 'special' appearance on the case. (Most attys use the service to simply continue a case).

As the service is in the business of making 'special' appearances for lawyers, then it is fairly inevitable that the service would have appeared for both sides, at some point.

That is not unethical.
It is if it is on a related matter.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

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  #4  
Old 10-18-2006, 01:39 AM
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Quote:
Originally Posted by 1PROper View Post
What is the name of your state? CA

LASC / CA COURTS

If plaintiff's attorney representing a legal malpractice action has used the same appearance attorney (thru an atty svc) as the defendant on "non-related" cases, does that still make it a conflict of interest?

Thanks.
He said unrelated. My meaning was the special appearance atty has previously worked for the other atty (or presently, on another case).

and, NO. Attorneys can't work both sides of the same case. Duh.
It would make for interesting opening and closing statements ... and, you'd be sure to win.
Prosecution would be a blast : I'm his defense atty and he's guilty as heck;
  #5  
Old 10-18-2006, 08:21 AM
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Quote:
Originally Posted by garrula lingua View Post
He said unrelated. My meaning was the special appearance atty has previously worked for the other atty (or presently, on another case).

and, NO. Attorneys can't work both sides of the same case. Duh.
It would make for interesting opening and closing statements ... and, you'd be sure to win.
Prosecution would be a blast : I'm his defense atty and he's guilty as heck;
Oh I figured that is what you meant but I wanted to make sure OP knew that.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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