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Dumped by lawyer: Failure to identify conflict of interest

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Fugaziaol

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

After working with a law firm for 3+ months, and having them file a complaint in court on my behalf, I was notified that the firm could no longer represent me because of a conflict of interest. They said they failed to identify the conflict in their initial check when I signed on with them. (I think more likely they forgot to do the check in the first place.)

They were very apologetic and helped me find new representation, but they are still sending me bills for services rendered plus fees. I feel that it is improper for them to expect more money from me, since these problems occurred through no fault of my own. It will take time getting the new lawyer up to speed -- which I will be billed for, of course. Not to mention further delays in court.

My question is: how serious of a mistake is this? Could I potentially file a formal complaint with the disciplinary board? Would it be worth asking for money back, in order for them to avoid a complaint?

Thanks.
 


NIV

Member
My question is: how serious of a mistake is this? Could I potentially file a formal complaint with the disciplinary board? Would it be worth asking for money back, in order for them to avoid a complaint?
Conflict of interest rules are pretty serious.

http://www.pacode.com/secure/data/204/chapter81/s1.7.html

You can ask for your money back, but it would depend on how the conflict showed itself in order to know if they should not have taken the engagement in the first place. I wouldn't threaten to turn them over in exchange for money. In the first place, they may have not done anything wrong. Also, threats for money are frowned upon in the law. You might frame it differently by asking for money back and letting them know you will see if you have any other options if you don't get it.
 

quincy

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

After working with a law firm for 3+ months, and having them file a complaint in court on my behalf, I was notified that the firm could no longer represent me because of a conflict of interest. They said they failed to identify the conflict in their initial check when I signed on with them. (I think more likely they forgot to do the check in the first place.)

They were very apologetic and helped me find new representation, but they are still sending me bills for services rendered plus fees. I feel that it is improper for them to expect more money from me, since these problems occurred through no fault of my own. It will take time getting the new lawyer up to speed -- which I will be billed for, of course. Not to mention further delays in court.

My question is: how serious of a mistake is this? Could I potentially file a formal complaint with the disciplinary board? Would it be worth asking for money back, in order for them to avoid a complaint?

Thanks.
What was the conflict?
 

Fugaziaol

Junior Member
What was the conflict?
One of the defendants is a real estate agency. Apparently my firm had numerous "dealings" with them -- I'm not sure how often they officially represented them. Their work included... helping the agency incorporate in Pennsylvania!

For a small firm of 2 partners and a half dozen lawyers, this doesn't sound like a conflict that would be easily "missed".
 

quincy

Senior Member
One of the defendants is a real estate agency. Apparently my firm had numerous "dealings" with them -- I'm not sure how often they officially represented them. Their work included... helping the agency incorporate in Pennsylvania!

For a small firm of 2 partners and a half dozen lawyers, this doesn't sound like a conflict that would be easily "missed".
An attorney is not prohibited from representing a client when they also represent this client's adversary in another legal matter, if the attorney has good reason to believe he can provide both clients with competent representation without adversely affecting either.

Once an attorney becomes aware of a potential conflict of interest, however, the attorney is required to inform his clients of this conflict and either seek their consent to continue or withdraw from a case.

Your attorney wisely withdrew from the case after informing you of the conflict.

If you sincerely believe that the complaint in your action filed with assistance of this attorney was affected by the conflict of interest, you have reason to dispute the fees being charged and you could file a complaint with the Pennsylvania Disciplinary Board's Office in the district where the lawyer practices. Complaint forms are available online through http://www.padisciplinaryboard.org

Complaints to the Board must be written and sent by mail (not emailed). You can find the proper District where you should send your complaint by doing a Pennsylvania Attorney Inquiry search through the Pennsylvania Board.

If there is no issue with the legal action complaint you filed against your defendant in the case, however, you probably will find yourself responsible for the attorney fees generated.

Good luck.
 

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