Conflict of Interest?

[Macatoni]

What is the name of your state?Alabama

I am currently involved in a civil lawsuit. I just found out that the opposing attorney, who accepted the Defendant's case, is part of the law firm that my current attorney's father is associated with. In fact, my attorney's father is one of the founding members of the firm as well as attorney of counsel. Should the opposing attorney excuse himself for conflict of interest since my attorney's father is part of his firm? I am going to ask that the opposing attorney excuse himself from the case because of these facts. My attorney has not made an effort toward this move. It greatly concerns me and makes me feel very uneasy. Am I correct in my feelings about the matter? Thank you for your consideration and I look forward to your response.
Toni

 

[seniorjudge]

What is the name of your state?Alabama

I am currently involved in a civil lawsuit. I just found out that the opposing attorney, who accepted the Defendant's case, is part of the law firm that my current attorney's father is associated with. In fact, my attorney's father is one of the founding members of the firm as well as attorney of counsel. Should the opposing attorney excuse himself for conflict of interest since my attorney's father is part of his firm? I am going to ask that the opposing attorney excuse himself from the case because of these facts. My attorney has not made an effort toward this move. It greatly concerns me and makes me feel very uneasy. Am I correct in my feelings about the matter? Thank you for your consideration and I look forward to your response.
Toni

http://www.courts.mo.gov/courts/Cle...d06710dff1830d2686256ca600521205?OpenDocument
Read this definition of conflict of interest then answer this question:
Why do you think there is a conflict of interest?

 

[Macatoni]

Alabama.
Thank-you for your suggestion. After reading, we are a little more confused, but offer our reasoning that it may be a conflict of interest as follows:

The opposing attorney works in the firm that my attorney's father is a part of. The dynamics of the situation inherently do not feel comfortable to me. In simple terms, father knows son, father head of firm, son possibly talks to father about case(?), father has insight of case, father possibly relates or gives helpful info/advice/suggestion to opposing attorney in firm.

The other parties being sued live over a thousand miles away and are unfamiliar with the area. They originally had one attorney who declined the case because he claimed the case was an uphill battle for them. We feel he may have referred these clients to their present attorney. Otherwise, what are the chances that the opposing party would pick the firm that the father of our attorney is a partner in? Should not the present opposing attorney have excused himself from the case when he discovered that our attorney was one of his firm's partners?

Instead, maybe, we are looking at more of the Rules of Professional Conduct. Not being a lawyer, we are unsure at where this issue lies; however, it clearly is a gray area and one in which we interpret something as not being right, in our opinion.

Imagine our surprise when a counter-offer came in and, there on the letterhead, included amongst the many names in the firm, is the name of our attorney's father. Plus, the opposing attorney is a childhood friend of our attorney, and they (all 3) graduated from the same law school. Too close for comfort in our book.

What should we do, if anything?

 

[seniorjudge]

"...What should we do, if anything?..."

Get another lawyer.