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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Is it a conflict of interest for an attorney to represent a

Resolved Question:

Is it a conflict of interest for an attorney to represent a company he has a finacial interest in? If so how?
Submitted: 3 years ago.
Category: Legal
Expert:  Dave Kennett replied 3 years ago.
Dear JACUSTOMER - It would be impossible to answer that question without more detail but in general, an attorney would be permitted to represent his or her own company. If there are multiple owners and the action or the case involves two of the owners in a dispute then the attorney could have a conflict. In order for there to be a conflict there has to be some relationship between the attorney and the opposing party. Of course the opposing party is permitted to waive any conflict as well. If you want to explain the details of the situation I will be happy to expand my answer but without all the details all I can say is that it is possible that there can be a conflict and also possible that there is none.
Customer: replied 3 years ago.
My wife ( in para legal school) says that is unethical and a conflinct of interest for an attorney to represent a company he owns stock in. Since this is her area of study I hate to disagree but can't see the "conflict". She says this has to do with not given appropriate time to other clients. I mentioned that this would be the same if an attorney had a major client who was the source of his income ( she states this would not be a conflict). I don't get it. I thought maybe I was missing something. She thinks I'm a know it all. LOL.
Expert:  Dave Kennett replied 3 years ago.
I don't get it either. It might be a problem if the attorney was on the payroll of a law firm and was using firm time an facilities for his or her own use in representing his or her company but simply representing a company you own is not a conflict. If the attorney owns say 33% of a company and there are two other partners and they are having a dispute related to the company among themselves and the attorney represents the company interest to the detriment of the other two partners then that would be a conflict. So it always depends on the individual circumstances as to whether there is a conflict. It is very difficult to make a blanket statement that fits every situation.
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