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Is this ethical?

Marksville, LA |
Filed under: Professional ethics

I consulted with lawyer 2 years ago. She refused to let me hire her. Said case to complicated. She then let my ex (the plaintiff) hire her. She then used all I told her against me in court and now she is running for judge! Is this ethical?

Attorney Answers 4


Not as you present it, but we'd need to know more to give a more thorough opinion.

We are Serious lawyers for the Seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are thoughts based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. Past results are not necessarily indicative of future performance.

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That is all to it. Thank you.


No. .

I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement, you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author, and do not necessarily represent the opinions of those who hold other opinions.

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based on your post, I think the answer is no in most, if not all, states, but the rules do vary some, but id caution, that's based entirely on the minimal information your post provides

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The rule is that a lawyer can not use what they learned from representing a client to that client's disadvantage. If she did not take your case then you were not her attorney. Because it was 2 years ago it is not likely any of the information she might have learned would have any value in the case. You would have to show that the information you told her made a difference in the case. It would be very unlikely that this was the only factor that decided the case and if there were other factors when a judge or appeal court looks at it they would likely say they could not tell that the information she learned made the difference.

Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.

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