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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29802
Experience:  Lawyer
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Can a lawyer represent a client who is the plaintiff and the

Customer Question

can a lawyer represent a client who is the plaintiff and the now the defendant ?
JA: What state are you in? It matters because laws vary by location.
Customer: Florida, and the these people are suing the HOA, and ran for the board and are now on the HOA board
JA: Has anything been filed or reported?
Customer: the suit is on going since December of 2015
JA: Anything else you want the lawyer to know before I connect you?
Customer: not that I can think of
Submitted: 6 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 6 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A lawyer cannot represent someone against a former client without the written consent of the former client. Rule 4-1.9. If the former client who is now on the board will not consent to allow the lawyer to continue with the case, he should withdraw. This is kind of an unusual situation because the client's position in the case actually changed, but lawyers are supposed to avoid both a conflict and the appearance of a conflict.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Customer: replied 6 months ago.
Will they hired a new attorney because the old H OA attorneys withdrew from the case for this reason the new returning that took it on is also on probation from the Florida bar
Expert:  Lucy, Esq. replied 6 months ago.

It's fine if the former client agreed. He probably didn't have any information about the board that would injure him now that he's on the board, and most of the information the attorney had about the lawsuit can still be used if he could have gotten it from someone else.

But if the former client doesn't agree and the lawyer refuses to withdraw, they can file a Motion asking the judge to remove him from the case and file a Complaint with the Bar.

Customer: replied 6 months ago.
You're I don't think you're following what I'm saying The people that sue the H OA are now on the board so they are in control of the lawsuit on both sides
Expert:  Lucy, Esq. replied 6 months ago.

I understand that part.

But aren't there other plaintiffs? If not, why is the case even ongoing?

Expert:  Lucy, Esq. replied 6 months ago.

The HOA's lawyer should actually refuse to speak to them about the case and should recuse them from all conversations about the case if they're determined to proceed with a case against a board they are now on.

Customer: replied 6 months ago.
is it a bar violation for this particular attorney to have picked up the case who is not the previous attorney they recuse themselves are ready and withdrew from the case
Expert:  Lucy, Esq. replied 6 months ago.

No, it's not. But they cannot speak to the board member/plaintiff about the case at all.

Customer: replied 6 months ago.
who does the attorney speak with then, and how does the attorney talk to about legal issue on the case?
Expert:  Lucy, Esq. replied 6 months ago.

The attorney can speak to any and all other board members, the people who were on the board at the time the events giving rise to the suit arose, and the plaintiff's attorney.

And again, the attorney needs informed written consent.