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Conflict with one of two attorneys on my legal team

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orangele

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

So I have been involved with defending a civil case and subsequently filing a counterclaim against a contractor. To make a long story short, the contractor initially won a summary judgement prior to any discovery for a disputed amount and legal fees, and this judgement was reversed in the appeals court and sent back to the lower court to essentially start over. Now the case is back in district court and much of discovery has been completed and depositions are in progress. I have had one attorney who was present and advising me and involved in the conflict with the contractor since the very beginning. A second attorney started working on the case, and the addition of the second attorney about 6 months ago, was never discussed with me, or the rationale for adding a second attorney discussed with me. The case and progress is actually going well, and the second attorney has written a motion for summary judgement which I reviewed and discussed, but again I felt as though we were in conflict with what evidence to include in the motion.

How should I deal with conflict within my legal team? Should I call the original attorney to discuss my concerns?
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Nevada

So I have been involved with defending a civil case and subsequently filing a counterclaim against a contractor. To make a long story short, the contractor initially won a summary judgement prior to any discovery for a disputed amount and legal fees, and this judgement was reversed in the appeals court and sent back to the lower court to essentially start over. Now the case is back in district court and much of discovery has been completed and depositions are in progress. I have had one attorney who was present and advising me and involved in the conflict with the contractor since the very beginning. A second attorney started working on the case, and the addition of the second attorney about 6 months ago, was never discussed with me, or the rationale for adding a second attorney discussed with me. The case and progress is actually going well, and the second attorney has written a motion for summary judgement which I reviewed and discussed, but again I felt as though we were in conflict with what evidence to include in the motion.

How should I deal with conflict within my legal team? Should I call the original attorney to discuss my concerns?
Yes, talk to your attorney.
 

quincy

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

So I have been involved with defending a civil case and subsequently filing a counterclaim against a contractor. To make a long story short, the contractor initially won a summary judgement prior to any discovery for a disputed amount and legal fees, and this judgement was reversed in the appeals court and sent back to the lower court to essentially start over. Now the case is back in district court and much of discovery has been completed and depositions are in progress. I have had one attorney who was present and advising me and involved in the conflict with the contractor since the very beginning. A second attorney started working on the case, and the addition of the second attorney about 6 months ago, was never discussed with me, or the rationale for adding a second attorney discussed with me. The case and progress is actually going well, and the second attorney has written a motion for summary judgement which I reviewed and discussed, but again I felt as though we were in conflict with what evidence to include in the motion.

How should I deal with conflict within my legal team? Should I call the original attorney to discuss my concerns?
Yes. Speaking with your attorney is the correct course of action to take.

Good luck.
 

orangele

Junior Member
Yes. Speaking with your attorney is the correct course of action to take.

Good luck.
Should I discuss with the first attorney be limited to the disagreement with what evidence to include in the motion for summary judgement, or should I discuss why the second attorney was added and that I am feeling some personal conflict with the new attorney?
 

quincy

Senior Member
Should I discuss with the first attorney be limited to the disagreement with what evidence to include in the motion for summary judgement, or should I discuss why the second attorney was added and that I am feeling some personal conflict with the new attorney?
You can discuss with the attorney you hired any issues you have with your representation by him/his firm.
 

Zigner

Senior Member, Non-Attorney
Should I discuss with the first attorney be limited to the disagreement with what evidence to include in the motion for summary judgement, or should I discuss why the second attorney was added and that I am feeling some personal conflict with the new attorney?
Yes, definitely.
 

latigo

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

So I have been involved with defending a civil case and subsequently filing a counterclaim against a contractor. To make a long story short, the contractor initially won a summary judgement prior to any discovery for a disputed amount and legal fees, and this judgement was reversed in the appeals court and sent back to the lower court to essentially start over.

Now the case is back in district court and much of discovery has been completed and depositions are in progress. I have had one attorney who was present and advising me and involved in the conflict with the contractor since the very beginning.

A second attorney started working on the case, and the addition of the second attorney about 6 months ago, was never discussed with me, or the rationale for adding a second attorney discussed with me.

The case and progress is actually going well, and the second attorney has written a motion for summary judgement which I reviewed and discussed, but again I felt as though we were in conflict with what evidence to include in the motion.

How should I deal with conflict within my legal team? Should I call the original attorney to discuss my concerns?
"My legal team"? If it were truly a "team" effort, there would be no need to call attorney No. 1.

But whatever, wherein lies the disagreement between you and attorney No. 2 as to the evidence needed to support the Rule 56 motion?

Any evidence available to show that there is no triable issue of material fact and that you are entitled to a judgment as a matter of law has to be present in the evidence produced in the discovery process. So how could reasonable minds differ as to the meaning and significance of that evidence. It doesn't make sense.
 

quincy

Senior Member
A client can and should discuss with his attorney what is happening with his case and can and should have any questions about the case answered by his attorney - but it can be a costly mistake for a client to start telling the attorney what should or should not be done legally.

A client should either trust that his attorney knows what he is doing or he should find another attorney that he can trust.

orangele, I think you have good reason to question the addition of a new attorney (and how this new attorney is to be compensated) and you can ask about the evidence but I think you need to rely on your attorney to present your case in the way he believes is the best. That is why you hired him.
 

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