Can a conflict of interest/ethical violation occur with adversary instead of the party represented?

Asked almost 2 years ago - Riverhead, NY

From what I understand about conflicts/ethics violations, a violation usually occurs when an attorney does something with the party they represent, i.e., taking IOLA money, representing parties with differing interests, exposing confidential information . Is it possible for an attorney to have violated the ethics/prof. responsibility rules by doing something to the adversary? i.e., filing claims against adversary that they know to be false, withholding material information from the court, deceiving the court and the adversary, making counterclaims for the sole purpose of harassing and aggravating the adversary because their client was mad that they got sued, advising someone behind closed doors without being retained. How is something like that handled?

Attorney answers (3)

  1. 2

    Lawyers agree

    Answered . There are many ethical rules that lawyers are obligated to follow. The ethics class is usual a semester in most NY law schools. Hard to teach you everything in the 4000 characters that these answers allos.

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  2. 2

    Lawyers agree

    Answered . In addition to the prior attorney's answer, see link below for the NY Rules of Professional Conduct. You should be able to answer your questions on your own.

  3. 2

    Lawyers agree

    Answered . Lawyers do have ethical standards governing our conduct toward clients, the Courts and even third parties who we do not represent. I agree with the other attorney who provided you with a link to New York's Rules of Professional Conduct. You will find Rule 3.4 entitled: "Fairness to Opposing Party and Counsel" enlightening. (see p.19 of the Rules)

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