My question is this: I have been involved in a very contentious custody litigation (a straight 209c. I was never married to my son's mother
). A months before trial I learned that the opposing counsel was married to and had hired to come work at her solo practice an attorney whom is a longtime client of my family's business (where I worked for 7 years , and my mother still owns a controlling interest of that she is being paid out on over the next 8 year's). This client took all the active cases he has and it is now under the now 2 person practice. The practice itself will benefit heavily from this work as what my family's firm does is expert testimony in construction defect cases and overall litigation support for insurance law cases. Wouldn't this income and profitable relationship constitute a conflict of interest under the restatement of law governing lawyers?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: MA . This is about a potential conflict of interest not employment law.
JA: Has anything been filed or reported?
Customer: On another matter. This attorney improperly obtained my medical records and tried to present them at trial which the judge admonished her for. The bar is investigating her for the ethical violations that may have occurred by violating hippa. My primary issue is that my attorney refused to bring the conflict before the court at any point in the litigation.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Just that I'm seeking advice on the ethics involved here