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I was in a car accident with a friend. Retained a lawer and found out he was working with the person who hit us.

I was ina a car with a friend. We were hit by a dump truck swerving up the street attempting to go past stopped traffic. I retained a lawyer (this was 3 yrs ago) and was told by him since the driver who hit us has no ins (this was a truck used for business and per the co owner the person driving was not authorized to do so) I had to sue the person that I was in the car with and sue the trucking co. This has dragged on for the past three yrs. I have been recently been told the atty i hired was working with the truck driver. Is this legal for a lawyer to work with both sides? Per my atty no settlement has been reached. Iam still receiving medical treatment and the bills are piling up. The person I was riding with now wont to speak to me stating my lawyer told him I was suing him

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Attorney answers (6)

Reputation Level 20
As I am not licensed in your state, I can only provide you with some general information. Your attorney should not be the attorney representing the driver, in any capacity. I would think that is a clear conflict which the attorney has an ethical obligation to avoid.

I suggest you consult with another personal injury attorney as soon as possible and provide that attorney with the information you know concerning your current attorney's representation of the adverse driver. Depending upon the factual circumstances here, an ethics complaint against your attorney may be appropriate.
1 person marked this answer as good

Reputation Level 12
You really should consult an attorney who is not involved in a potential conflict.
1 person marked this answer as good

Reputation Level 14
Mr. Pavlinskii is correct.

Consult with another attorney about your situation. There are many attorneys here on avvo that you may contact regarding this matter.

Avvo Pro

Reputation Level 15
A lot of this depends on what you mean by "working with" the other driver. If he is trying to negotiate a settlement, that is exactly what you want your lawyer to do. If you mean he has represented the truck driver before, that would be a problem and a conflict of interest issue.
Like I said, it depends.
Feel free to contact me to discuss this.
Stephen Hoffman
773-944-9737
hofflaw11@earthlink.net
1 person marked this answer as good

Reputation Level 11
You have been given mediocre answers so far.

I suggest you report the entire case to the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Offices are in the Prudential Building in downtown Chicago. Have them investigate this. It costs nothing. It may not bring you satisfaction, but it is certainly going to bring some explanations from the lawyer.

Donald Nathan
www.donaldnathanlaw.com
2 people marked this answer as good

Reputation Level 11
You have been given mediocre answers so far.

I suggest you report the entire case to the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. Offices are in the Prudential Building in downtown Chicago. Have them investigate this. It costs nothing. It may not bring you satisfaction, but it is certainly going to bring some explanations from the lawyer.

Donald Nathan
www.donaldnathanlaw.com
2 people marked this answer as good

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