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We are involved in a legal dispute with parents at our school

who defamed our daughter on...
We are involved in a legal dispute with parents at our school who defamed our daughter on facebook. These parents retained an attorney from our small town who has children in the same grade at the same school as we do which has caused us to have an unnecessary adversarial relationship with another parent. (the attorney) Last week this attorney also volunteered for lunch duty at the school where the minor plaintiff still attends school. Should I file a complaint with the bar association against the attorney?
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Answered in 5 minutes by:
9/11/2013
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,304
Experience: Began practicing law in 1992
Verified

Dwayne B. :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

On what grounds are you thinking of filing a complaint?

Customer:

I'm wondering if she has/had a conflict of interest that she did not fully investigate since we have children in the same grade and if she violated ethics rules by volunteering at the school where she could have had direct supervision over my children.

Dwayne B. :

No, there is no conflict of interest or ethical issue in the facts you've given so far. She wouldn't be allowed to discuss the case with your child but the Rules of Ethics don't forbid incidental contact. There is no conflict of interest at all.

Customer:

So other than incredibly poor judgement on her part you do not think there is anything I should do.

Dwayne B. :

No, not based on this. You could file a complaint with the State Bar but it isn't going to get any results other than to make the lawyer mad and possibly cause additional problems.

Dwayne B. :

You can certainly pursue any slander case you choose to pursue but the issue with the State Bar isn't really an issue.

Customer:

I would assume that she might not be able to represent all 3 separate defendant families since we could use their depositions against the others, and then she would have a conflict with her own clients, correct?

Dwayne B. :

There could always be a possible conflict of interest in representing three defendants. Whether that is a real conflict depends on the exact facts. It usually revolves around whether one client is going to want to place the blame on another client. If that happens then that becomes a conflict automatically.

Customer:

You hit the nail on the head. Thank you.

Dwayne B. :

Anything else I can assist with?

Customer:

I could go on about a teacher at the school getting involved in the facebook stream, but the Ohio Dept. of Education office of professional conduct is already investigating that. I have FERPA issues as well but that is for another time.

Dwayne B. :

It sounds like you have your hands full with this one. Good luck on it. If you have any follow ups be sure and come back to this thread. If you open a new one and want be to answer just start the thread with FOR DWAYNE B and I'll pick up.

Customer:

Thank you, XXXXX XXXXX

Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,304
Experience: Began practicing law in 1992
Verified
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Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.
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