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Q. What do we do -- is this conflict of interest and how do we handle this matter?
It may very well be a conflict of interest since this attorney may not be able to ethically now represent the new neighbor's interests against your interests in the well. This is because the attorney may have gained confidential information about you during the 1999 representation which s/he could now use against you in favor of the new neighbor. So, I would not sign a waiver and I would require this attorney to withdraw from representing the new neighbor and cause the new neighbor to find a different lawyer.
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