Can a lawyer who is President and director of a Condominium Association file and take a foreclosure case against a person who is also a director in that same Condominium Association?
Since that Laywer is President and Director of that entity not only his Judgements will not be influenced by his personal interests but also he knows everything about the defendant who is also a director.
Construction / Development Lawyer
This is a more detailed version of the question I just answered. If the HOA is foreclosing, it is for non-payment of dues. Lawyer is Pres and Director- he obviously has an opinion and info from those capacities- not gained from personal confidential relationships but arms length business ones. To follow this reasoning, is Defendant saying that Lawyer could not even discuss with another lawyer what he learned about defendant from being on the HOA board with him? Where does this end? Moreover, there is no reason to suspect that this knowledge will make him less rather than better able to handle the litigation- that case would have to be made. A CONFLICT of interest means that the lawyer owes a duty to the defendant that prevents him from prosecuting the case vigorously against that defendant. I do not see that here. I just see that the Defendant is uncomfortable--too bad the defendant does not get to pick his adversary's lawyer but that is the way it goes. If you want to pursue this you need to hire a FL specialist to comb the HOA statutes and see if there is some special rule that prevents this because the general rules of ethics do not.