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Does that constitutes a Lawyer Conflicts of Interest?

Lake Wales, FL |

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.

Attorney Answers 1

Posted

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.

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5 comments

Asker

Posted

You are the most stupid lawyer I ever seen in this site. Dummie I was telling you that the defendant is also part of the plaintiff organization. Same board of directors with the attorney representing that same organization. You better go back and read the Florida bar rules governing the attornies representations.

Robert Pecco Baker

Robert Pecco Baker

Posted

You did not say that the lawyer represented the HOA- you said he was President and Director of the HOA. My answer stands- I am a graduate of Harvard Law w 37 years' experience and for 20 years the highest rating possible from my peers in both competence and integrity In this matter I have one other thing you lack- objectivity.

Asker

Posted

I am filing the motion to vacate sale and squash certificate of sale and certificate of title ad refund the winning bidder (me in this case) and return property to previous owners. I will let you know if my motion is going to be accepted by the judge. By the way I am not a lawyer but I can self represent myself and beat lawyers

Robert Pecco Baker

Robert Pecco Baker

Posted

The only issue I can see down the road is the lawyer not being able to testify without possibly getting the written consent of his own client- that is the rule in CA. But once he gets that there would be little Defendant could do. My advice is the same. Hire a FL lawyer to see if there is something specific in the FL HOA regs that prevents this Now that you have called me a dummie, good luck getting free advice

Robert Pecco Baker

Robert Pecco Baker

Posted

good luck self representing yourself

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