Legal Question in Business Law in California

The attorney's representation of the other party is probably an impermissible conflict of interest ...... I'd say based on the limited information given two chances out of three. The issue would be whether your contact with the attorney was sufficient to form an attorney-client relationship. It is not necessary to pay a retainer or sign a representation agreement in order to form an attorney-client relationship, but merely sending information without any discussion may be insufficient. Go see another lawyer in your area, taking with you any written materials, memos, etc. of your dealings with the first attorney...... or you can contact the State Bar of California, which has legal ethics people available to field inquiries of this kind.

I agree. The key issue is whether your communication with the attorney rose the level of an attorney-client relationship. That's a fact-dependent question, and requires looking at the nature and substance of the communications between you and the attorney. It may be that you need to file a motion to disqualify opposing counsel in the litigation, if the attorney does not voluntarily withdraw.