Legal Question in Legal Malpractice in Minnesota

When is an attorney violating his rights?

I am in a current probate issue. I recently went to the accounts office, and an attorney is also located there. I recognized the name of this man. I went in there and asked him if he knew my dead husband and what work he had done for him. He mentioned he did little work for him, and several years ago. He asked me all about my case, and how exciting it would be to represent me. He knew I had an attorney already, but was very excited to inform me, how he would come aboard even as co-attorney. I told him I would think about this, and left. He was very nice, and a real gentlemen. About 4 days later, this attorney's name was on the letterhead coming in a fax, from the opposing side. So... this attorney knew all along he wanted this case, and he wanted to get all the info. out of me he could, by being so kind to a wife in grief. He still is representing the other side. Is what he did unethical? Could he get in trouble for milking me for info? He was not representing the other side to my knowledge when I had spoken with him, but it sure didn't take him long to get involved. Isn't that a conflict in interest for him? I see him as a slimy snake. Is there anything I can do???


Asked on 9/21/01, 5:38 pm

1 Answer from Attorneys
Todd Johnson Johnson & Bannon

Re: When is an attorney violating his rights?

I would guess that the attorney did not violate any ethical rules unless he received information from one of the parties that might be adverse to the other side. If you have any questions you should contact the Lawyers Board of Professional Responsibility and let them determine whether anything was done wrong. Their toll free number is 1-800-657-3601.

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Answered on 11/06/01, 9:14 am


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