With all due respect, does knowing the accusations against me, having already established the conflict of interest, assist you in anyway in answering the question does filing a MTWC prevent future conflicts of interest being a possibility? In any circumstance is that a lawful action? That is my question.What are the accusations?
I would file a motion if I knew for a fact that him simply filing a motion to withdraw counsel eliminates any conflict of interest. This will be my 3rd case, 2 of which I have won. 1 with counsel, 1 without. This case should be as simple as the first 2, except for him having already represented me.File a motion with the court to have him removed based on Rule 1.9 (a). The judge will rule based on the facts presented.
But you really need a lawyer. You are taking knife to a gun fight.
Yes It might. Which is why YOU SHOULD hire an attorney. If you are unwilling to share what is going on here, and I can understand why, then you need an attorney or sit at the law library.With all due respect, does knowing the accusations against me, having already established the conflict of interest, assist you in anyway in answering the question does filing a MTWC prevent future conflicts of interest being a possibility? In any circumstance is that a lawful action? That is my question.
Under what circumstance can a conflict of interest be bypassed by a motion to withdraw counsel? I was under the impression that me physically signing a waiver stating that I am under no distress from the conflict of interest was the only way it can be nullified.Yes It might. Which is why YOU SHOULD hire an attorney. If you are unwilling to share what is going on here, and I can understand why, then you need an attorney or sit at the law library.
You might want to refrain from posting until you learn a bit about laws and lawyers.Its not his job to tell you the truth. Its his job to represent his client to the best of his ability. Its YOUR job to establish that there is a conflict of interest. Therefore, you are going to have to file a motion with the court.
We don't even know if there is a conflict of interest in the first place.Under what circumstance can a conflict of interest be bypassed by a motion to withdraw counsel? I was under the impression that me physically signing a waiver stating that I am under no distress from the conflict of interest was the only way it can be nullified.
Why would the attorney feel the need to tell me that filing a MTWC eliminated the conflict of interest, if the conflict of interest did not exist in the first place? Why not just simply say No, there is no conflict of interest? He already admitted the existence of the conflict, but gave me a reason why it is nullified that I have not been able to confirm.We don't even know if there is a conflict of interest in the first place.
Based on EVERYTHING you have posted here you really need ans attorney.Why would the attorney feel the need to tell me that filing a MTWC eliminated the conflict of interest, if the conflict of interest did not exist in the first place? Why not just simply say No, there is no conflict of interest? He already admitted the existence of the conflict, but gave me a reason why it is nullified that I have not been able to confirm.
It most certainly is.It is not the other party's attorney's responsibility to tell the truth to the OP.
As we know very little of the situation no one here can say. Hire An Attorney.Under what circumstance can a conflict of interest be bypassed by a motion to withdraw counsel? I was under the impression that me physically signing a waiver stating that I am under no distress from the conflict of interest was the only way it can be nullified.
Ld is completely incorrect. OP may have a conflict issue. A motion to withdraw does NOT correct a conflict.It most certainly is.
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Rule 4.1, Truthfulness in Statements to Others: https://www.law.cornell.edu/ethics/ar/narr/AR_NARR_4.HTM#Rule_4.1