Legal Question in Business Law in Maryland

conflict of interest

30 years ago a lawyer drew up corporation papers for two people. They stopped using that lawyer about 10 years ago. There is now a conflict and that original lawyer is representing the minority stockholder arguing that the original agreement (the one he drew up) says certain things. Is this a conflict of interest?


Asked on 3/30/07, 9:20 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: conflict of interest

If the lawyer is actually acting as the attorney for the minority stockholder in a legal action in which the majority stockholder is an adverse party, I think that is inappropriate. If he's involved as a witness to explain the meaning of the terminology in the documents he prepared, it would be a violation of the attorney-client privilege if his testimony is at all based upon conversations with the majority stockholder that were assumed to be in confidence.

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Answered on 3/30/07, 9:34 am


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