Legal Question in Administrative Law in California

hi there,

my question is ;

in concerns with a case i have a civil suit going against them,

I have prevailed to date, only she got of paying the half of our attorney's fee's we counter for the balance now and going to a case management Monday to see to go further, house was unable to live in due to building violations codes and no permits at all to build the home, no roof seal and it leaked into the walls as well from the ceiling like rain.

as of date today i just found out his relations with the party we are suing and his family relations to the party we are suing and real estate agency we do business with.

1.) the opposing attorney in this case lives/works at his parents house.

2.) his parents work for the same rental/lease agency, that i lease from, he knows the owners well as well as his parents work for them, and his parents too are good friends with owners of said leasing/rental agency place for years here in lake tahoe.

3.) his client also that we are suing is good friends of said owners and his parents of this agency i lease from.

since he has contact and his parents work there too and have access to my files in there office and other employees not saying its too safe ,

***would this be a conflict of interest on his part ?

since he can get a insight or info on me to pass along to the counter suing party to have maybe advantage as this may pose the threat to my lawsuit ?

what is your opinion about their connection and his client too that we are suing too,

Him ,the attorney representing the other party i am suing being friends of all said partys the agency his parents working for them and they are friends with us as well as their daughter is good friends with my daughter ?

thank you

steve


Asked on 12/09/11, 2:03 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

If I understand the facts correctly, which I may not, the attorney has no conflict of interest because that refers to a conflict with his own client and not the opposing party. What ever information he has about you his client also has so his relationship to the client is irrelevant. I do not understand how you can get an award for only a portion of the attorney fees. You do not supply enough information to answer the other questions.

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Answered on 12/09/11, 2:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I likewise see no conflict of interest. However, I do believe the court has the authority, and perhaps the duty, to reduce a prevailing party's request for attorney fees when it exceeds a reasonable amount.

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Answered on 12/09/11, 6:31 pm

Thank you for you question Steve. Unless you have retained this attorney in the past or he is currently representing you there is no conflict of interest as far a you are concerned. It does not matter where he resides or has his office. It does not matter where his parents work or who is friends with who. Unless he is violating some sort privacy law, which I doubt, it doesn't matter who he gives the information to or for what reason. From you question, the opposing has not nor will do anything wrong. Just because you do not think it is fair, doesn't mean there is a conflict of interest. His interest is to zealously represent his client and not you.

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Answered on 12/10/11, 10:17 am


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