Can my former attorney's (small) law firm represent a client suing me or is that conflict of interest?

Question

Eight years ago a lawyer named Jones represented me in a dispute with a business partner. Ten years before that his partner Smith represented me in a criminal matter that was expunged. This past week a new associate at Smith & Jones filed a suit against me for former tenants. He accessed my file at Smith & Jones to fill out the paperwork and plan strategy. Can he do this?

Answer 1

Of course he can do it but he shouldn't have. Contact the State Bar Association and file a complaint against him. He needs a good kick in his butt to straighten him out. A conflict of interest check is the VERY FIRST thing a lawyer needs to do when taking a new case.

Answer 2

They can certainly represent them, sure. Accessing your file for the case may be an issue.

Answer 3

Sounds like you need a new lawyer. Ask all prospects if they have any dealings or interests with your former lawyers.

Answer 4

You didn't actually see them access your file to fill out paperwork and plan strategy.



Generally speaking, conflicts occur when there are similar or substantially related matters. Whatever happened with you eight and eighteen years ago is not similar or substantially related to your former tenant case now. And even if it is, they can potentially wall off those who assisted you prior and still be okay.

Answer 5

It's probably not a conflict but I don't know any lawyers that would do this. Even though you couldn't prove he used access to files to plan anything, just the appearance of impropriety in some states would be enough to keep most attorneys from taking the risk. However, if there's a lot of money involved, that may be a factor.

Answer 6

No conflict. He may have accessed your file from a previous case to gain basic information, but not to gain strategy on an unrelated matter and you would be hard pressed to prove otherwise..