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Brian R. Laxton

Brian Laxton’s Answers

1 total

  • Conflict of interest

    Question I have had two attorneys at this present time . The first lawyer I changed for a bigger and experience firm . Now, I have to get another attorney because my present attorney has a conflict of interest with ...

    Brian’s Answer

    I agree, this is not going to make you look bad. If you are in the midst of litigation - whether it is criminal or civil - then the lawyer needs to get permission from the court to withdraw. A lawyer usually files a Motion To Withdraw and sets if for a hearing. You should attend that hearing to make sure there isn't any misunderstanding or misrepresentation of what happened and you should receive a refund of any unused retainer. There are a lot of factors that would go into determining whether an attorney can take a case when a potential conflict exists, so without knowing more, I could not say if it was proper or improper (current or former client attorney? client of current or former firm? screening possible? etc). Either way, you will need another attorney.

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