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What is the name of your state? Generally Speaking...
What happens when your already retained attorney's partner gets an unsolicited email from the opposing party explaining in length their side of the story and requesting the firms fee structure, but does not give any personally identifiable information about themselves or you or anyone else involved and the only contact information received by the firm is the reply email address which also isn't exactly personally identifiable (it wasn't the email address you had for the opposing party that you had shared with your attorney, and it wasn't a known email address of the party by the law firm or yourself, and the email address didn't suggest a location, name, or otherwise reasonably identifiable information)...
After receiving the reply email from your attorney's partner in the firm, the opposing party, after reviewing the firms' fee structure, decided not to call and/ or disclose personally identifiable information to that firm or attempt further to retain that law firm..
The opposing party receives notice that the firm is representing you and notice of a hearing. The opposing party contacts your attorney for the first time and tells your attorney that they sent an email to their office and that the firm has a conflict of interest.
In the unsolicited email the opposing party admits to everything that you are trying to prove, but no one knew who that unsolicited email was from at the time.
BUT, when the opposing party contacted your attorney, knowing the attorney is representing you, then they basically said hey you have my admission of guilt in your office if you look for it, it doesn't have my name on it, but it's from me.
NOW your attorney has knowledge of his firms contact with the opposing party and admission of the opposing party, AFTER THE OPPOSING PARTY KNOWS THAT FIRM IS REPRESENTING YOU, that they are the sender of the previously anonymous unsolicited admission email.
So the opposing party is now claiming that the law firm is in breach of an attorney-client privilege of confidentiality and the attorney should be disqualified from representing you.
Opinions?
Also, just for kicks: What if, meanwhile now, the opposing party is sending the same unsolicited email to every law practice in that law category in that State, would that bar you from representation completely if your attorney is disqualified?
What happens when your already retained attorney's partner gets an unsolicited email from the opposing party explaining in length their side of the story and requesting the firms fee structure, but does not give any personally identifiable information about themselves or you or anyone else involved and the only contact information received by the firm is the reply email address which also isn't exactly personally identifiable (it wasn't the email address you had for the opposing party that you had shared with your attorney, and it wasn't a known email address of the party by the law firm or yourself, and the email address didn't suggest a location, name, or otherwise reasonably identifiable information)...
After receiving the reply email from your attorney's partner in the firm, the opposing party, after reviewing the firms' fee structure, decided not to call and/ or disclose personally identifiable information to that firm or attempt further to retain that law firm..
The opposing party receives notice that the firm is representing you and notice of a hearing. The opposing party contacts your attorney for the first time and tells your attorney that they sent an email to their office and that the firm has a conflict of interest.
In the unsolicited email the opposing party admits to everything that you are trying to prove, but no one knew who that unsolicited email was from at the time.
BUT, when the opposing party contacted your attorney, knowing the attorney is representing you, then they basically said hey you have my admission of guilt in your office if you look for it, it doesn't have my name on it, but it's from me.
NOW your attorney has knowledge of his firms contact with the opposing party and admission of the opposing party, AFTER THE OPPOSING PARTY KNOWS THAT FIRM IS REPRESENTING YOU, that they are the sender of the previously anonymous unsolicited admission email.
So the opposing party is now claiming that the law firm is in breach of an attorney-client privilege of confidentiality and the attorney should be disqualified from representing you.
Opinions?
Also, just for kicks: What if, meanwhile now, the opposing party is sending the same unsolicited email to every law practice in that law category in that State, would that bar you from representation completely if your attorney is disqualified?
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