Legal Question in Legal Ethics in California
Conflict in Same Firm Rep Opposing Parties
I met with atty ''Will'' in 2003 to help w/an estate matter. I gave docs & he gave advice, & said to contact him again when I needed him. He did not charge for the initial 45 min consult & I provided full details of problem. I'm using an alias name to explain, his firm is ''Will & Jones.'' My case was against a trustee, Mr. Munster. In 2007, another lawyer joined as Will & Jones & ''Frum,'' & I found out that Frum is handling the trustee Munster's case, which is against me and my family's Trust. Shouldn't the law firm be disqualified from reping trustee Munster, when I consulted w/ them about salient details & horrible things Munster did to us? This is my primary question. More... (I ref'd my boyfriend to the same firm 2005, & he paid ''Jones'' of Will & Jones to help on indep matter. Later, the t'tee Munster attacked my boyfriend to scare me, after the t'tee was removed by Judge in Court on my family's case. My boyfriend filed a TRO against Munster & I was a protected party. Isn't it a conflict for Will & Jones & Frum to rep Munster, when their partner Jones repped my bfriend? It was an indep matter Jones did for him, but my bfriend filed charges against Munster. For both reasons, shouldn't they be disqualified?
2 Answers from Attorneys
Re: Conflict in Same Firm Rep Opposing Parties
The easiest thing to do is to get your file and find a new attorney. If the new (to-the-firm) attorney has been opposed to you, the firm should be disqualified from representing the trustee.
Re: Conflict in Same Firm Rep Opposing Parties
The fact that you didn't pay for any advice is probably not decisive, but our CA attorney would have to look into the facts with you. You don't want to let a potential conflict like this go unchallenged.
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