Legal Question in Civil Litigation in New York

lawyer trouble

I hired a lawyer to sue a contractor for defective work. I was called yesterday and informed they realized there is a conflict of interest with this contractor. That they would have to transfer my case to someone else and possibly pay another retainer. Should they have known about this conflict before this?


Asked on 5/02/09, 12:32 pm

3 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: lawyer trouble

you should definitely get the retainer back, if they did no work and are tranfering you due to a conflict. They should have used due diligence to check for conflicts.

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Answered on 5/02/09, 12:45 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: lawyer trouble

These things can happen. Should the attorneys have done a more thorough conflicts check? Yes. But as long as they bow out of the case and seise representing anyone else in the case you have not been prejudiced. I would cooperate with the attorneys and insist that a) they help you find competent new counsel and b) that they do not represent anyone else in the case. If your case is not prejudiced, I would forgive them we all make mistakes.

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Answered on 5/02/09, 2:00 pm
Kristen Browde Browde Law, P.C.

Re: lawyer trouble

While I agree in part with the previous answers, there are a few more details necessary to fully analyze your situation.

How did the conflict arise? Did the law firm you hired merge or take on a new attorney during the period of time your case was being handled? Did the lawyers discover that another individual or company (one of their clients) was possibly liable for some of the damages? Or was this something they should have picked up at the beginning of the case?

Without knowing those details, it's impossible to advise you as to whether they should have found the conflict earlier, and thus impossible to advise you as to whether you're entitled to any credit on your retainer.

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Answered on 5/02/09, 2:48 pm


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