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Is this a conflict of interest?

Brooklyn, NY |

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?

Attorney Answers 3

  1. Best answer

    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.

    Good luck.

  2. The lawyer represents the Board in one case and Board members in the other? That does not sound like a conflict of interest.

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  3. 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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