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Is this Conflict of Interest?

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pslane1

New member
What is the name of your state? South Carolina

We have had the same Law Firm for as long as I can remember. At one time or another we have used almost al of these these attorneys for different reasons through the years.

In 2016 I had an accident and no damage was done to my car and just a small amount to the other car. How ever this man is suing for personal injury. He is using one of the attorneys in Our Law Firm. Not even sure if the attorney checked to see if we had ever been represented by them.

My question is "Isn't this a Conflict of Interest?
 

quincy

Senior Member
What is the name of your state? South Carolina

We have had the same Law Firm for as long as I can remember. At one time or another we have used almost al of these these attorneys for different reasons through the years.

In 2016 I had an accident and no damage was done to my car and just a small amount to the other car. How ever this man is suing for personal injury. He is using one of the attorneys in Our Law Firm. Not even sure if the attorney checked to see if we had ever been represented by them.

My question is "Isn't this a Conflict of Interest?
No. Not necessarily.

Have you contacted an attorney at “your firm” to handle a personal injury accident in the past? Have you contacted an attorney at the firm to handle this accident for you?
 

adjusterjack

Senior Member
My question is "Isn't this a Conflict of Interest?
Might be, if he uses his personal knowledge of you to gain an advantage pursuing the accident claim. This, however, is unlikely because such an advantage wouldn't ordinarily be necessary since the claim is likely to fall within your policy's liability limit.

If you've already been served a lawsuit and your insurance company has appointed an attorney to defend, you might let him know of your previous relationship with the other attorney and see how that goes.
 
E

Edgar 1776

Guest
Did the specific Attorney that the other party hired for the personal injury case ( not just the firm) ever represent you in the past or assist another attorney at that firm with your legal work?
 

quincy

Senior Member
Did the specific Attorney that the other party hired for the personal injury case ( not just the firm) ever represent you in the past or assist another attorney at that firm with your legal work?
That, of course, is the important question. :)

Edgar, you are the subject of some debate. Have you provided the administrators of this site with your legal credentials? Forum members cannot claim to be attorneys on this site without first being properly vetted.
 

pslane1

New member
Have you contacted an attorney at “your firm” to handle a personal injury accident in the past
About 6 years ago, my husband hired this same attorney for a personal injury lawsuit against someone who ran into the back of him and they won the case.

If you've already been served a lawsuit and your insurance company has appointed an attorney to defend, you might let him know of your previous relationship with the other attorney and see how that goes.
I turned copies of the summons to my Insurance agent today and he said only the attorney that represents me could tell me that.


Did the specific Attorney that the other party hired for the personal injury case

It was the specific attorney who represented my husband.

Out of the whole firm I can think of about 7 or 8 attorneys that we have hired or used in some way in the past. It has always been considered to be Our Family Law Firm. I'm not sure this attorney has put 2 and 2 together and realizes that we are a couple, since all correspondence has been in my name and he may be only familiar with my husband's name.
Thank you for your replies. Thank you for the link.
 

quincy

Senior Member
Making the attorney(s) in the firm aware of your concern about a possible conflict would be a good idea. The attorney(s) will either be able to reassure you that no conflict exists or will refer you or the other client to another attorney/firm.
 

pslane1

New member
Thank you. Apparently I will only find out the answer when I meet or talk with my assigned attorney. But it's not me who will need a new attorney, it's the Plaintiff.
 

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