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attorney suing us represented us before, conflict of interest under PA state law
Wellsboro, PA
Viewed 153 times.
Posted about 1 year ago in Ethics / Professional Responsibility
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lawyer representing someone else:
My husband was a contracter years ago and is being sued by a customer. The lawsuit is ridiculous to begin with and they are hoping we settle out of court. Just and example of what we are being sued for - Flood light bulbs that we didn't even install that have burned out- electrical work that was inspected and passed by electrical company and County Inspecter. BTW the house was completed 5 years ago and this is the first we heard of any of this stuff.
But my question is the lawyer we recieved the papers from is OUR lawyer. He actually gave us advice when we were having problems getting the same person to pay us when we were building thier house! Is this not a wrong for the lawyer to help someone sue one of his own clients? We are in PA. What should we do? Answers (4)
Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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Has someone reminded the attorney that the attorney worked with your husband on issues regarding the house and its owners? Five years having passed, perhaps the attorney does not know or remember the connection.
Because the lawsuit involves issues regarding the construction of the house and because the attorney represented your husband when your husband had issues regarding the construction of that same house, there likely is a conflict of interest for the attorney. Whether there is actually a conflict of interest depends on the specific facts. Also, your husband may have waived any conflict the attorney may have. Your husband should discuss the issue of conflict of interest with his current attorney who is representing him in the current lawsuit. Your husband's current attorney should know what to do if there is a conflict of interest under ethics rules in PA. 
Stephen J. O'Brien
This attorney is licensed in Pennsylvania.
Posted about 1 year ago.
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In addition to the information provided in the other answer. You can contact your County Bar Association to register a complaint if the lawyer continues to represent either party now in this situation. Unless there was some type of waiver agreed to by your husband.
Susan Gibson Durant
This attorney is licensed in Pennsylvania and 1 other state.
Posted about 1 year ago.
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I agree with the above. Additionally, pennsylvaniadisciplinaryboard.org posts a lawyer's rules of professional conduct. See Rule 1.9 and the comments thereto.
Susan Gibson Durant
This attorney is licensed in Pennsylvania and 1 other state.
Posted about 1 year ago.
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I agree with the above. Additionally, pennsylvaniadisciplinaryboard.org posts a lawyer's rules of professional conduct. See Rule 1.9 and the comments thereto.
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