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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 4 months 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: 9,789
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: 9,789
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 4 months 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: 120
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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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