When performing a conflicts check for your supervising attorney, you find that the attoreny has a conflict of interest as regards a new client.. What happens now?
2007-09-27 17:04:32 · 3 answers · asked by lynetta h 1 in Politics & Government ➔ Law & Ethics
You inform the attorney. He/she then contacts the person he/she first represented (or who otherwise has a conflict with the new client) and informs both old and new clients of the conflict. If each person is fully informed but then agrees that it is okay for the attorney to represent the new client, they put that in writing and attorney takes on new client.
But if they don't agree, then attorney must decline the new client.
2007-09-27 17:24:30 · answer #1 · answered by raichasays 7 · 0⤊ 1⤋
You would need to determine if it is a true conflict or not. These rules vary from state to state. Some states follow the ABA guidelines. Other don't. Some have a blend of local state and ABA rules. Then there should be an established means of handing conflicts within the firm. If your firm is large enough that you are checking for your supervising attorney, then they should have a means of handling this. Follow established protocols.
Now if none of the above helps, go to the supervising attorney and disclose the conflict. If you feel it would be a violation of your rules of ethics and no other attorney in the firm will take action, you probably have the rat fink rule in your state too. You would have to disclose the conflict. Some states allow a client or former client to waive the conflict after full disclosure by written consent.
I doubt you will find any resistance in your firm if you find a conflict. Better now than 3 years into a huge case.
2007-09-27 17:41:18 · answer #2 · answered by hensleyclaw 5 · 0⤊ 0⤋
ETHICALLY IT IS REPORTED TO THE COURT AND THEY CAN RULE ON AN ETHICAL VIOLATION OF WEATHER THE CONFLICT VIOLATES STATES LAWS
2007-09-27 17:09:43 · answer #3 · answered by ahsoasho2u2 7 · 0⤊ 2⤋