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Maverick
Maverick, Attorney
Category: Business Law
Satisfied Customers: 6082
Experience:  20 years of professional experience
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My attorney says he cannot find case law to justify a motion

Customer Question

My attorney says he cannot find case law to justify a motion to dismiss because of conflict of interest. Do we need to show case law?
Submitted: 1 year ago.
Category: Business Law
Expert:  Maverick replied 1 year ago.
Can you please give us more background information so we can better assist you?
Customer: replied 1 year ago.
Myself and two other persons had a verbal partnership to start a oil service business in North Dakota. After our initial meeting, the majority partner agreed to draw up a partnership agreement. We started the business and after 3 months he fired me and claimed that I had no interest. Then he file a lawsuit against me for fraudulent inducement. His attorney drew up the partnership with my name on it and the other partners names. The attorney that drew up the partnership is now representing the majority partner. I have paid my attorney $3000 to file a motion to disqualify the other attorney. My attorney is telling me he can't file the motion to disqualify because he can't find case law.
Expert:  Maverick replied 1 year ago.
Unless there are special facts showing that you were the other attorney's client [i.e. that you entered into a contractual agreement to be the other lawyer's client, or you met with that lawyer where you disclosed confidential information whereby that lawyer would owe you a fiduciary duty, you are going to have a difficult time disqualifying him based on these limited facts.
The other lawyer is going to argue that his client is and always has been the majority partner and that you and the other partners should have hired your own counsel. What may change that is if the agreement the other lawyer signed shows that he actually was the lawyer for the partnership and not the majority partner. In that case, the following law may come into play:
http://rules.calbar.ca.gov/Portals/10/documents/2013_CaliforniaRulesofProfessionalConduct.pdf
See rule 3-310 at the link above.
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