My husband and I found out that our attorney is best friends with the opposing council. When we asked her if she knew the other attorney, she told she had only "heard" of the other attorney and did not know her personally. Now that our case is over and settled, we have discovered that the two lawyers are best friends. It has been months and still haven't received any paperwork from the judge. We believe that we were misled by our attorney. What can we do? Did we get proper representation for our money?
2006-09-05 03:07:59 · 12 answers · asked by Freckled aquarius 2 in Politics & Government ➔ Law & Ethics
Report him to your state's bar association.
2006-09-09 11:14:31 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
You might have gotten proper representation, but if what you say is true and your attorney lied to you, that is a different ethical breach. Above and beyond the potential conflict of interest.
However, if there was a settlement, then the friendship may not have been a bad thing. Many lawyers are overly argumentative just to be mean to the opposing side, and thus are incapable of achieving a good settlement agreement. Two lawyers that are good friends can still be good advocates for their respective sides, especially where the process is a settlement that has been approved. That's the whole concept of collaborative law.
As far as your case, you can always contact another attorney and ask them to check on the status of things with the judge.
2006-09-05 12:06:25 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
You haven't posted nearly enough information about your case, but you can always get a second opinion from another lawyer.
I've had cases where the opposing attorney was my friend, which lead to a professional working relationship that made the case easier to settle. I was able to get more money for my client because my friend knew my reputation and he knew he could trust me. Knowing the other attorney can least to very honest discussions about the prospects.
All you have right now is a suspicion. Was the settlement fair or wasn't it? Get a second opinion form a local attorney if you want to be sure.
2006-09-05 11:22:42 · answer #3 · answered by Carl 7 · 0⤊ 0⤋
Your lawyer was in a potential conflict of interest situation and should have disclosed his relationship with opposing counsel. The legal profession is governed by a code of ethics that every lawyer must adhere to, and your lawyer could face sanctions if you can prove wrongdoing on his part.
Find out what professional organization your lawyer is a member of and get a copy of it's code of ethics.
2006-09-13 10:09:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Was the settlement in your favor? Submit a complaint to your states bar association and copy the judge. Also you can file a complaint with you states attorney general .Remember you are talking about an attorney.
2006-09-05 10:16:13 · answer #5 · answered by tomoses 2 · 0⤊ 0⤋
It is the duty of a lawyer to represent his/her client to the best of his/her abilities. It is not unusual for lawyers to be friends with the opposing council, yet this does not necessarily impede their abilities to defend their clients. Business is business and friendship takes place outside of the courtroom. When lawyers frequent the same courtroom, some level of friendship is to be expected. They simply do not openly discuss these relationships for grounds that clients percieve friendship or acquaintance to be related to lower performance on the job. Truly, there is no correlation. Lawyers are very competitive people.
It is my guess, not knowing the circumstances, that you were fairly represented. Lawyers do not 'take turns' having successful cases.
2006-09-13 00:26:59 · answer #6 · answered by Aggie Student 1 · 0⤊ 0⤋
Sounds like a conflict of interest,talk to another attorney!
2006-09-12 12:54:43 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You believed you lawyer my are you ever gullible. Lawyers do not have morals or ethics after all they are lawyers. No lawyer will ever act in anything but his or her own best interest for fear of being disbarred. Of course you are being misled by your attorneys that is their Job.....
2006-09-11 16:27:31 · answer #8 · answered by Brian M 4 · 0⤊ 0⤋
just because they are friends does not mean that they did not represent you to the full extent of the law. if you are concerned though, contact the local state bar association (listed in your yellow pages) and ask what they think of situation. Lawyers are bound by ethics to look out for their client's best interest.
2006-09-05 10:15:54 · answer #9 · answered by island3girl 6 · 0⤊ 0⤋
There is nothing wrong with being friends with the other side. We are talking about professional individuals who are quite well aware of the ethics and laws regarding such issues. Don't make a mountain out of a mole hill.
2006-09-05 10:28:07 · answer #10 · answered by Zelda 6 · 0⤊ 0⤋
Consult a legal malpractice attorney to see if you have a case
2006-09-11 19:37:25 · answer #11 · answered by Byron W 3 · 0⤊ 0⤋