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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7355
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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Attorney Irwin, thanks my question regarding

Customer Question

Attorney Irwin, thanks for answering my question regarding whether it is legal malpractice in the event that a lawyer reviews a prospective client's case, rejects the case, and then chooses to represent the adversary in the same matter. At least we can
agree that there would be conflict of interest and violation of ethics rule. However, can it be considered legal malpractice if it can be proven that the lawyer rejected the case from the first party due to racial or other discriminatory element, or perhaps
to just gain an unfair advantage over the first party, especially after reviewing the first party's evidences and papers.
Submitted: 2 years ago.
Category: Legal
Expert:  Irwin Law replied 2 years ago.
All of what you say that the lawyer did is highly improper, but calling it "malpractice" is not correct. It is more in the nature of a breach of a fiduciary duty to the client, which you were when you walked in the door of his office. Here is some additional information on this subject. Pay particular attention to the section on conflict of interest.
Expert:  Irwin Law replied 2 years ago.
Hello again. I would appreciate a positive rating for my Answer.