Legal Question in Legal Ethics in Indiana
misrepresentation? Conflict of Interest?
I have been to this attorney for my family issues for 6 years now. Since that time my daughter's father's parents switched to that attorney for real estate issues. She assured me she can do that, represent both at same time. Now, my case is involving more of the grandparents where they were witnesses. My attorney didn't ask them what I thought should be asked.
Should she have done this? We are now involved in a realestate dispute with grandparents but both seeing different attornies. This attorney knew of this when I went back to get this matter handled in 1999.
1 Answer from Attorneys
Re: misrepresentation? Conflict of Interest?
Every state's attorneys are regulated by their respective State Bar Associations which have written rules of ethical canons and disciplinary rules. Normally there are rules which require the avoidance of even the appearance of a conflict of interests. Many states in situations where there may be a conflict of interest provide for continued representation if there is a written disclosure and disclaimer by the attorney with agreement of the client. In some instances continued representation may be possible under what is called a "Chinese Wall". I would suggest that you find an attorney who represents attorneys with Bar problems for an opinion or alternatively see if you can review the regulations regarding attorneys from your local or state's bar association.
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