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Still Attorney Conflict of Interest or Not

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1PROper

Junior Member
What is the name of your state? CA

LASC / CA COURTS

:confused: If plaintiff's attorney representing a legal malpractice action has used the same appearance attorney (thru an atty svc) as the defendant on "non-related" cases, does that still make it a conflict of interest?

Thanks.
 


garrula lingua

Senior Member
The atty (service) made a 'special' appearance on the case. (Most attys use the service to simply continue a case).

As the service is in the business of making 'special' appearances for lawyers, then it is fairly inevitable that the service would have appeared for both sides, at some point.

That is not unethical.
 

Ohiogal

Queen Bee
The atty (service) made a 'special' appearance on the case. (Most attys use the service to simply continue a case).

As the service is in the business of making 'special' appearances for lawyers, then it is fairly inevitable that the service would have appeared for both sides, at some point.

That is not unethical.

It is if it is on a related matter.
 

garrula lingua

Senior Member
What is the name of your state? CA

LASC / CA COURTS

:confused: If plaintiff's attorney representing a legal malpractice action has used the same appearance attorney (thru an atty svc) as the defendant on "non-related" cases, does that still make it a conflict of interest?

Thanks.

He said unrelated. My meaning was the special appearance atty has previously worked for the other atty (or presently, on another case).

and, NO. Attorneys can't work both sides of the same case. Duh.
It would make for interesting opening and closing statements ... and, you'd be sure to win.
Prosecution would be a blast : I'm his defense atty and he's guilty as heck;
 

Ohiogal

Queen Bee
He said unrelated. My meaning was the special appearance atty has previously worked for the other atty (or presently, on another case).

and, NO. Attorneys can't work both sides of the same case. Duh.
It would make for interesting opening and closing statements ... and, you'd be sure to win.
Prosecution would be a blast : I'm his defense atty and he's guilty as heck;

Oh I figured that is what you meant but I wanted to make sure OP knew that.
 

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