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C

Chasity280

Junior Member
What is the name of your state (only U.S. law)? Indiana
Can a lawyer represent someone in a case against someone they represented in 2003.
 


A

Antigone*

Senior Member
Chasity280 said:
What is the name of your state (only U.S. law)? Indiana
Can a lawyer represent someone in a case against someone they represented in 2003.
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We are going to need more details because as your question is written; the answer can either be yes or no ~ choose your poison.:cool:
 
M

Mass_Shyster

Senior Member
Not if the matters are substantially related.

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.
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C

Chasity280

Junior Member
The entire story is that I had gotten a public defeneder in 2003 for the one and only time I have ever gotten in trouble. My mother is now using this lawyer in a case where she is suing me for grandparents rights to my children. She had spoke with my lawyer several times during the course of my court dates. Can she use this lawyer to represent her or will it be a conflict of interest?
 
Zigner

Zigner

Senior Member, Non-Attorney
Chasity280 said:
The entire story is that I had gotten a public defeneder in 2003 for the one and only time I have ever gotten in trouble. My mother is now using this lawyer in a case where she is suing me for grandparents rights to my children. She had spoke with my lawyer several times during the course of my court dates. Can she use this lawyer to represent her or will it be a conflict of interest?
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This is not a conflict of interest.
 
M

Mass_Shyster

Senior Member
Chasity280 said:
The entire story is that I had gotten a public defeneder in 2003 for the one and only time I have ever gotten in trouble. My mother is now using this lawyer in a case where she is suing me for grandparents rights to my children. She had spoke with my lawyer several times during the course of my court dates. Can she use this lawyer to represent her or will it be a conflict of interest?
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If Mom is trying to use the one and only time you got in trouble against you, you should request/demand that lawyer withdraw.

See Rule 1.9(c) above.
 
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