Legal Question in Business Law in New Jersey

New Jersey Partnership

Can a lawyer who has represented a partnership subsequently represent the same partnership in a legal proceeding against one of the partners to the partnership.

Is there a conflict of interest or problem with Rules of Professional Conduct in NJ


Asked on 1/27/10, 9:18 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

There is no hard-and-fast answer to your question but in most situations, a lawyer who has handled legal work for a partnership that includes any degree of knowledge of an individual partner's affairs should not be handling an action against that partner either as a current partner or after his/her departure. The affected partner should first ask the lawyer to withdraw. If that fails, move to have the lawer disqualified. If a motion is necessary, some consideration should given to asking the court to award the costs of the motion.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 2/01/10, 12:03 pm


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