Does this constitute a conflict of interest and what should i do?

Asked over 1 year ago - Atlanta, NY

My attorney and the defendants attorny shares the same office building but separated by a floor....i just noticed on one of my attorneys letter head that the defendants attorney is also a consultant in the law firm of my attorney. Does this constitute a conflict of interest and should i trust my attorney at this point to agreeing to setting aside a default judgement I got for $3.65 million. Most of my claims for damages, attorney charges and material costs were left off my claim by my attorney without a good reason. What should i do?

Attorney answers (5)

  1. Jefferey O. Katz

    Contributor Level 8

    4

    Lawyers agree

    Answered . I would consult with an attorney who concentrates in legal malpractice issues. Your statement has a lot of different issues that need to be addressed by someone well-versed in this area.

    I am a lawyer licensed to practice in Illinois and Wisconsin. To the extent your issue arises out of the law of... more
  2. Marco Caviglia

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . It is unclear why he would agree to set aside a default judgment in that amount although he may think there is no basis to oppose it. There may be an ethical violation in the arrangement you describe between the attorneys, based upon analogous cases.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  3. Daniel DeMaria

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Contact an attorney from your state who answers this question. Each attorney's contact information is found on their Avvo profile. This case definitely warrants further investigation.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
  4. John Joseph Westerhaus

    Contributor Level 13

    2

    Lawyers agree

    Answered . Well, it's certainly possible that it's not an ethics violation -- my personal view on this, with the caveat that I don't practice in NY, would be that a consulting attorney for some kinds of cases (say, e.g., a med-mal case) wouldn't create a conflict of interest in the kinds of cases outside the scope of the consulting (say, if yours was a nuisance lawsuit). The consulting attorney isn't a member of the firm that's representing you for purposes of that case.

    Note that if you no longer trust your attorney to represent you . . . even if there IS no conflict, you can fire him or her at any time, and pay them the fees owed to date.

    Whether or not (1) this is a conflict that would prevent your lawyer from representing you and (2) whether this conflict should have been disclosed to you (or required your informed consent to proceed) is an ethics question that, at this point, should probably be addressed. Start by talking with your current attorney first, and let him explain. If it's not resolved to your satisfaction, you can fire your attorney, hire a new one, and file an ethics complaint (in that order).

    Ethics complaint information (in NY) can be found here: http://www.nysba.org/Content/NavigationMenu/Pub...

    Good luck.

    I can be reached at (913) 735-9320. Answers to legal questions are usually fact-dependent; my answers are general... more
  5. Joseph Gerard Dell

    Pro

    Contributor Level 10

    Answered . The fact that they work on matters together needed to be disclosed to you when you retained them. You needed to waive the potential conflict in writing. You now need to seek the advice of another lawyer who is not similarly situated.

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