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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112777
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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another follow on question -if my lawyer is dismissed from

Resolved Question:

another follow on question -if my lawyer is dismissed from the case because of a conflict of interest in florida in the 11 th district court can i use the discovery that was prepared by him or is it tainted. please cite applicable statues?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
Not everything in law is governed by statutes, there are many things that are not, such as what you are asking. If the lawyer is found to be in conflict of interest, it is the lawyer, not the information he has gathered in the case that is in conflict unless it was gathered through that conflict (in other words he had access to the documents because of the conflict and did not obtain them through proper discovery). Any work product of the attorney would remain his work product and he does not have to surrender his work product, only documents and evidence he obtained through discovery or from you.

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Customer: replied 5 years ago.
he obtained no documents- he only produced interrogatories and requests for documents and subpeonas and answered the complaint and produced the counter claim- can any of this in any way be tainted- he has provided all these discovery items and pleadings to me.
if this is not covered by statues- then what does cover it- common law?
Expert:  Law Educator, Esq. replied 5 years ago.
That information would not be tainted and would be turned over to the new lawyer if there is a conflict of interest proven. It is just common law part of civil procedure. Many things in law we learn by trial and error in going to court and this is one of them, which is where pro se litigants most often run into problems because they just are not familiar with how things work that are not actually written in the statutes.
Customer: replied 5 years ago.
could the opposing lawyer argue the interrogatories and requests for documents counterclaim were tainted by the conflict and therby have them thrown out because this is what he is saying- does that have any merit?
Expert:  Law Educator, Esq. replied 5 years ago.
The chances of that happening would be slim. Also, it is the lawyers duty under the rules of professional conduct to ensure there is no conflict because if he takes a case knowing there is a conflict of interest he could end up liable for malpractice, so the lawyer has a lot of the responsibility on this matter to ensure there is no conflict of interest and all he does is represent the corporation, not you or the other owner.
Customer: replied 5 years ago.
hmmn this attorney that was dismissd due to conflict represents me solely and not the corporation in the lawsuit against the other owner- does your analysis still apply?
Expert:  Law Educator, Esq. replied 5 years ago.
The analysis is still the same, how he acquired the documents has to be examined and also if it is conflict to leave him in the case at all is a decision for the court to make based on the circumstances.
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