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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118128
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was represented by a lawyer approx. 10 years who worked

Customer Question

i was represented by a lawyer approx. 10 years who worked for a large law firm. H was representing me regarding custody and child support issues.
needless to say he had access to all my personal information. I am currently being sued in regards ***** ***** car accident that happened several years ago. There was minor damage to the persons left hand. I am now being sued for this accident by an attorney who works for the law firm that i had used. Even though it it has been abt. ten years ago that i used this law firm, the lawyer representing this man that i hit has access to all my private information and i feel he should excuse himself from the case. H will however, not excuse himself and said there is no conflict of interest. My attorney agrees that he should excuse himself however, he refuses to do so. My attorney even brought this issue in front of the judge and she did not force the atty. to drop the case. The judge said that she would have to give it some thought. I was alw
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The NY Rules of Professional Conduct state an attorney or firm shall not undertake representation of anyone whose position is adverse to their client or former client. There are many exceptions to that, one of which being if the attorney did not have access to your records when you were represented by them 10 years ago or did not participate in your case (referred to as the "Chinese Wall" in some places) meaning they were not given access to any information about your case. Another exception is where the firm through another lawyer is representing someone against a former client when the former client was represented a long time ago and the information the firm has may be stale.
These are the issues that the judge needs to consider before ordering that the attorney be removed from the case based on the conflict of interest with his firm itself, as this is not an actual personal conflict of interest.