My Co-op Board of Directors (CBOD) runs a lawsuit against me. Mr. AAA is an attorney who represents CBOD in this lawsuit. The CBOD consists of 9 directors, 4 of them are officers. Today Mr. AAA filed new lawsuit against me and another 4 shareholders where Plaintiffs are 3 persons: Mr. BBB, Mr. CCC, and Mr. DDD. Text of the Verified Complaint has item “Parties” where there is an explanation that these 3 persons are directors and officers of the CBOD, one of them is President of the CBOD. Could you please tell me if this new case is “The CBOD against 5 shareholders” or this new case is “3 shareholders against 5 shareholders”? And, if your answer is “3 shareholders against 5 shareholders”, is this a conflict of interest for attorney Mr. AAA?
No. Your fact pattern does not reflect any conflict and you cannot assert a conflict on the other side of the counsel table because you don't have "standing" to do so.
Criminal Defense Attorney
The lawyer represents the Board in one case and Board members in the other? That does not sound like a conflict of interest.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
In any event, if there is a conflict of interest, the clients of the attorney can waive the conflict. You, as the opposing party, do not have standing to assert the conflict or to prevent waiver.
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