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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience:  Began practicing law in 1992
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An attorney that represented me in two medical malpractice

Resolved Question:

An attorney that represented me in two medical malpractice cases reciently now is representing a client that is suing me in a new malpractice case. Does this represent a conflict of interest?
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
It could. It depends on whether anything he learned during the first two cases could be used against you now. If so, then it is a conflict. It skirts the line anyway since it is on the same type of case.

There is no "first right of refusal" unless it is a specific condition of a contract, usually written.

By the "could they sue you" question I wasn't meaning that they were really going to sue you, just trying to get you to look at the question of whether there was a contract from another angle.

The other "conditional contracts" like financing, inspection, etc. specifically spell out on them the conditions and what effect they have on a contract so that the conditions, in effect, become a part of the contract. There really isn't any wiggle room because the condition is usually related to some type of performance by a third party, different than what you had here.

I still think you're going to have problems proving that there was a contract. However, if you can make the argument that they approved the condition then you MIGHT be able to argue that the deal to let you take the drawers and look elsewhere and spend all that time and effort was either 1) a part of your contract or 2) a separate contract in and of itself.

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