REQUESTING AN APPEAL MOTION TO DISMISS COUNSEL?

Asked over 1 year ago - Fairfield, OH

Motion to Dismiss Counsel Denied!

I don't think the Judge thinks, it was a delay tactic because, I was a former client of the firm; however she indicated I had no evidence to show the matters from the former representation and the one counsel is defending against was the same. One of the attorneys indicated through sworn letter to the courts the matters were unrelated. Also I indicated in the motion, I was a client and provided the client number given to me by the firm. This information was not addressed, can I request my file, my invoice of services that was rendered when I was a client, and have the person from the firm that indicated I was client #, through an evidentary hearing through appeal? Or it’s a waste of time and then may be viewed as a delay tactic?

Attorney answers (1)

  1. Heather Morcroft

    Contributor Level 20

    Answered . It sounds like the court recognized that you were a previous client of the firm but found that there were no issues or information from that previous representation that would create a conflict of interest in having them represent the opponent in this case. That can happen, if the matters are completely unrelated and there was no access to crossover information. If you are still concerned, then do not try to do it on your own, have an attorney look at the issue. Those are the kinds of things you would have to show at the evidentiary hearing - not just representation, but facts that would show an actual conflict.

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