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Former Representation

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clemenda

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

Ten years ago I initiated divorce proceedings from with my with an Attorney/neighbor of mine. Prior to this action he filed the Articles of Incorporation for my company, and handled various legal matter for the business.

During my divorce I found him to be a big time "File Churner" and cost me over $20K. I finally had enough, fired him. I made him deduct $500 from his bill when I picked up my file. Needless to say he wasn't too happuy about it.

Eight years later I have initiated legal action against a contractor for non-payment of his bill. The contractor has hired the same attorny I used for my divorce and business dealing.

We requested he step aside from the case, but refuses and wrote a nasty, threating letter to my current attorney.

The question is: Should I pursue having removed from the case or let it go?
Should he have ever taken the case? and What is my liability if I press for his removal and lose? What if I win?
 


Mass_Shyster

Senior Member
The Louisiana Rules of Professional Conduct seem to follow the ABA Model Rules. Since this matter does not appear to be substantially related to any matter in which the lawyer previously worked for you, there is no requirement to withdraw.
RULE 1.9. DUTIES TO FORMER CLIENTS
(a) A lawyer who has formerly represented a client in a matter shall not thereafter
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 gives informed consent, confirmed in writing.
(b) A lawyer shall not knowingly represent a person in the same or a substantially
related matter in which a firm with which the lawyer formerly was associated had
previously represented a client:
(1) whose interests are materially adverse to that person; and
(2) about whom the lawyer had acquired information protected by Rules 1.6
and 1.9(c) that is material to the matter; unless the former client gives
informed consent, confirmed in writing.
(c) A lawyer who has formerly represented a client in a matter or whose present or
former firm has formerly represented a client in a matter shall not thereafter:
(1) use information relating to the representation to the disadvantage of the
former client except as these Rules would permit or require with respect to
a client, or when the information has become generally known; or
(2) reveal information relating to the representation except as these Rules
would permit or require with respect to a client.
ETA: If the "various legal matters for the business" included drafting the contract that was breached, that's a substantially related matter.
 
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