Legal Question in Legal Malpractice in California

Co-defendant's counsel was my former attorney

My company is a defendant in a case where the co-defendant's counsel represented us 10 years ago. I am told that the co-defendant may be potentially hostile to us, because they may file a cross-complaint against us later. Is there any conflict of interest problem against the co-defendant's attorney?


Asked on 3/21/07, 7:29 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Co-defendant's counsel was my former attorney

I assume that you are the owner of the company. (I originally thought that, perhaps, you were an employee.) If the co-defendant cross-complains, then you can move to disqualify counsel. Your former attorney probably still has a duty of loyalty to you and, by suing you without your written consent, might well breach such duty. Also, the attorney might use information he gathered from you against you in this case. You should definitely tell your attorney about this, and let your present attorney deal with it.

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Answered on 3/28/07, 9:14 pm


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