Legal Question in Legal Ethics in California

Ethics and Contract Breach

Attorney is trying to collect fees from a former client.

Is it ethical for an attorney to transfer indebtness to his family member and subsequently represent that that family member in a breach of contract lawsuit filed against the former client? I believe the lawsuit was set up this way so the attorney can collect attorneys fees, since he cannot collect if he was the Plaintiff.

What is a good affirmative defense(s) for the former client in this example?

Also, is the attorney taking a risk of violating attorney-client privilege with the Former client by representing family member in a case where the fee dispute originated from the Attorney?


Asked on 2/09/08, 6:29 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Ethics and Contract Breach

I agree with Mr Selik. Follow his advice.

Read more
Answered on 2/12/08, 3:25 pm
Joel Selik www.SelikLaw.com

Re: Ethics and Contract Breach

Thats a clever method the attorney attempted. I doubt it will work. It will be simply showing the facts. While the asset of money due may be transferrable you still have an argument. You may want write a brief after legal research or pay to have it done.

Read more
Answered on 2/09/08, 8:38 am


Related Questions & Answers

More Legal Ethics & Professional Responsibility questions and answers in California