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For Martha mostly- Does life imitate art?
Old 08-12-2005, 05:03 AM   #1
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For Martha mostly- Does life imitate art?

Hello Martha . I received a summons to appear in an ongoing legal dispute. The opposing party has hired a
new firm to represent them. I previously contacted both of the
partners of this firm to represent me (they never actually were
hired). Anyway, I explained the whole case and my position in detail.
Are they still allowed to represent the other side on this? I saw
a 'Sopranos' episode where Tony was going to divorce Carmela
and met with all oif the best divorce attorneys in the area to
prevent her hiring them. Does this work in real life or only in "TV land"?? Martha? Anyone?

JG
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Re: For Martha mostly- Does life imitate art?
Old 08-12-2005, 05:25 AM   #2
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Re: For Martha mostly- Does life imitate art?



In the end, only the judges opinion counts. Have your lawyer do some low-talkin' at the sidebar.

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Re: For Martha mostly- Does life imitate art?
Old 08-12-2005, 11:10 AM   #3
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Re: For Martha mostly- Does life imitate art?

I'd complain that there is a conflict of interest if they are representing someone adverse to you. However, I don't know what the rules of professional responsibility provide in Illinois and if the rules would treat you like a former client because you disclosed information to the attorney in confidence. If you are a former client, they most likely could not represent another party on the same matter.

The model rule regarding duties to former clients, not necessarily in effect in Illinois, is at the ABA website: http://www.abanet.org/cpr/mrpc/rule_1_9.html

EDIT:
Every once in a while, we get people calling us that we believe are trying to conflict us out of being adverse to them. We try hard not to obtain information in detail about a matter until we are sure that we don't have any conflicts and there is not another reason to decline representation.
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Re: For Martha mostly- Does life imitate art?
Old 08-12-2005, 11:16 AM   #4
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Re: For Martha mostly- Does life imitate art?

I am not an attorney, but a paralegal. *If you interviewed with the opposing counsel and disclosed information to them regarding this lawsuit, it would definitely be against the code of ethics for them to later represent the opposition. They had a legal duty to disclose to their client there was a 'conflict of interest.' * *IMO
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Re: For Martha mostly- Does life imitate art?
Old 08-12-2005, 12:26 PM   #5
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Re: For Martha mostly- Does life imitate art?

Quote:
Originally Posted by Martha
Every once in a while, we get people calling us that we believe are trying to conflict us out of being adverse to them.
I guess the fact that people would go to such an effort is a compliment to the quality of your work!
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Re: For Martha mostly- Does life imitate art?
Old 08-12-2005, 10:22 PM   #6
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Re: For Martha mostly- Does life imitate art?

Quote:
Originally Posted by Martha
I'd complain that there is a conflict of interest if they are representing someone adverse to you. However,* I don't know what the rules of professional responsibility provide in Illinois and if the rules would treat you like a former client because you disclosed information to the attorney in confidence. If you are* a former client, they most likely could not represent another party on the same matter.

The model rule regarding duties to former clients, not necessarily in effect in Illinois,* is at the ABA website: http://www.abanet.org/cpr/mrpc/rule_1_9.html

EDIT:*
Every once in a while, we get people calling us that we believe are trying to conflict us out of being adverse to them.* We try hard not to obtain information in detail about a matter until we are sure that we don't have any conflicts and there is not another reason to decline representation.*
Thanks Martha. My attorney finally called me back and he agrees
that these people are precluded from representing my opponents,
based on my discussions with them re. this issue. That's the good news.
The bad news is he does not see any way for me to prevail in this case,
and the other side can just hire another firm. Thus, the best I can do is
cause a delay. If someone gave me a fighting chance I would fight on.
Alas, no one seems to think I can win.

JG
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