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I need an attorney to help me classify a conflict of

I need an attorney...

I need an attorney to help me classify a conflict of interest regarding my wife's attorney and our children's attorney.

Lawyer's Assistant: Has any conflict of interest been documented or proven?

Yes, my attorney has found that my wife's attorney is representing our children's attorney in a significant malpractice lawsuit from another party.

Lawyer's Assistant: Has anything been filed or reported?

My attorney found this in the court records.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Please reword, I do not understand your statement

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Customer reply replied 1 month ago
I just uploaded the State Bar of Texas Rule 1.06 on Conflict of Interest. Please find the appropriate subsection on this rule that would classify this as a conflict of interest.
Answered in 1 hour by:
3/13/2018
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,655
Experience: attorney at self
Verified

Thank you for your question.

My opinion is that this is a violation of (b)(2).

"(b) In other situations and except to the extent permitted by paragraph (c), a lawyer shall not represent a person if the representation of that person:

(1) involves a substantially related matter in which that person's interests are materially and directly adverse to the interests of another client of the lawyer or the lawyer's firm; or

(2) reasonably appears to be or become adversely limited by the lawyer's or law firm's responsibilities to another client or to a third person or by the lawyer's or law firm's own interests."

The lawyer's own interests as a client of your wife's attorney could make the conflicted attorney less zealous in representing the children for fear of alienating his attorney. See item 3 of the preamble to the Rules.

I hope this information is helpful.

N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,655
Experience: attorney at self
Verified
N Cal Atty and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
I am very satisfied with your response. Your response leads to another question: Surprisingly to me, I had to push my attorney to find this conflict of interest which he did. Now, I am having to push my attorney to take action about this conflict of interest which confuses me. I would like to hire you to explore the 'political' reasons why my attorney would be protecting my wife's attorney. My goal is to author a formal email to my attorney that would forcefully, but respectively, persuade my attorney to take action.
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 114
Verified
Phone call session started

Thank you very much for the great rating!

I am not allowed to represent you or prepare any legal documents for you. I am not allowed to recommend a specific course of action, but the usual remedy for a conflict of interest in litigation is a motion to disqualify the conflicted attorney from continuing to act in the case.

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N Cal Atty
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,655
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