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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6247
Experience:  20 years of professional experience
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Where can I read up on cases where lawyers have a conflict

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Where can I read up on cases where lawyers have a conflict of interest between their position as General Counsel to a corporation while at the same time being the Litigating Attorney defending cases against the same corporation. I am in South Carolina.
PJ
Why do you think that creates a conflict of interest?
Customer: replied 5 years ago.
What creates a conflict is if the attorney knows of wrongdoing on the part of the What creates a conflict is if the attorney knows of wrongdoing on the part of the corporation and/or its board of directors it would be his duty to advise the corporation of the risks inherent in pursuing that - let’s call it tortious course of action.

Now in his role as litigating attorney, he either (a) does not disclose it to an opposing party litigating against the corporation even in the face of the litigant directly pursuing the possibility of the fraudulent activity as part of his discovery, OR (b) the attorney actively and knowingly gives false information to the litigant in an attempt to cover-up the fraud or torts.

It seem to me that there must be something written in case law, court rules, or rules of professional conduct that would define where such an attorney should step aside and recuse himself so as not to be guilty of even a perceived conflict of interest.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

Look at rules 1.6- 1.10 at the link below:

 

http://www.law.cornell.edu/ethics/sc/code/SC_CODE.HTM

 

 

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Maverick, Attorney
Category: Business Law
Satisfied Customers: 6247
Experience: 20 years of professional experience
Maverick and 4 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.

Maverick,

I already have a copy of the SC Rules of Professional Conduct.

 

What I was hoping for is a case or two that I could use as a reference. I know that my case is a bit complicated. My specific problem is not JUST that this opposing attorney lied to me but that he actually made-up stories to cover up his client's fraud. These cover-ups and lies are exacerbated by the fact that he is also General Counsel to the corporation which carries with it the additional responsibilities to actually take steps to either stop or mitigate his client's actions, or to disclose them under direct questioning.

 

If you can't locate anything further on this, then we can go ahead and close it out. Thanks.

If you want cases to help you understand the rules, then you will need to go to a local law library and find an annotated version of the rules. There, under each rule, you will find the cases that have been decided for that rule.

 

http://west.thomson.com/code-of-laws-south-carolina-1976-annotated-statute-series/1968/13510197/productdetail

 

 

Maverick, Attorney
Category: Business Law
Satisfied Customers: 6247
Experience: 20 years of professional experience
Maverick and 4 other Business Law Specialists are ready to help you