Legal Question in Legal Ethics in California
I am representing a client who's attorney is representing me
Is there a conflict of intrest when I was hired to be an expert witness. And after I obtained the evidence(approx 2 weeks after) before submiting my discovey. I hired my clients to represent me on my case, which is 3 years old?
Should I have not done that?
Is there a code that disqualifies me from representing my client, due to the probability of a bias, impartial, dicriminatory decision??
If there is should I dismiss my attorney until the client is done with there trial?
1 Answer from Attorneys
Re: I am representing a client who's attorney is representing me
I don't know if there's a conflict of interest, but the appearances are everything. For instance, if you are placed on the witness stand in your client's case, and opposing counsel found out about your relationship, they will be able to show perceived bias in favor of your client's client. Also, they might suggest that payment of your expert fees are deferred to pay your fees in your own lawsuit and there could be a discussion of your own lawsuit to muddy your client's case. I think your client should have known better than to put their name on your case. As to whether to drop them as your attorneys, that's your call, of course.
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