Legal Question in Legal Ethics in Louisiana
hanky panky
Who does an attorney represent when he or she receives a fee from one person and writes business for another? If an attorney says that they have been retained by someone, shouldn't that person give that attorney a fee? If that attorney was paid by someone other than that person, isn't that a conflict of interest. A person I know was dying in the hospital and was supposed to retain an attorney. This person had 21,000.00 in a checking account but did not pay this attorney. The attorney was paid by someone else. I don't know the reason why but I suspect hanky panky.
1 Answer from Attorneys
Re: hanky panky
Unfortunately, lawyers' ethics are determiend on a state by state basis, but I can give you the general theory.
A lawyer is bound to zealous represention of his CLIENT and provide confidentiality to his CLIENT, without aying any attention to whom pays the bill.
For example, in plaintiff's litigation, the attorney clearly hopes to get paid from the defendant by winning attorney fees, but that doesn't mean he doesn't give total allegiance to the plaintiff.
If the person supposedly represented has agreed to the representation that's fine. However, if the lawyer has imposed himself while being paid by someone else, that's a major ethical problem.
But, if you're not directly involved, there's nothing you can do except urge extreme caution on the part of the client. At the very least, the attorney-client relationship MUST be put in writing, clearly spelling out to whom the lawyer's loyalties lie.
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