Question: I hired a local law firm to help me with issues related to a nurse that did not renew her license on a timely basis. I told the law firm that I felt the Board of Nursing was was responsible for the problem and that we should confront the Board and or file a civil suit. My attorney was not interested in either. I eventually learned that a big part of my attorney's practice is representing nurses that have licensure issues with the Board. I feel like my attorney was afraid to confront the Board because she was concerned how it would impact her representation of nurses before the Board, rather than being concerned about my interests as client. Is my attorney required to disclose a conflict of interest like this?
Response 1: There is no conflict of interest here because the Attorney does not represent the Board. See Minnesota Rules of Professional Conduct Rules 1.17 to 1.11: http://www.law.cornell.edu/ethics/mn/code/ Should she have taken my case? Response 2: Whether or not an Attorney should take a case depends on the Attorney. Without knowing all the reasons behind the Attorney declining the representation, I cannot say whether or not she should have taken the case. What remedies against my attorney do I have at this point?
Response 3: There is none. The Attorney did not break any rules here.
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