We are filling for bankruptcy. one of our creditors hired an attorney that is close friends with our immediate family, but this

Asked almost 2 years ago - Renton, WA

lawyer only meet us once before this whole thing .This attorney always mentiones to our attorney that he knows something from comunity where we live. Isn't there a conflict of interests case. Can he sue us, when he has access to outside information of this case information thru our immediate family.

Attorney answers (4)

  1. Robert A. Stumpf

    Contributor Level 19

    3

    Lawyers agree

    1

    Answered . If their attorney is friends with your family, but has not represented you, it would depend on how he obtained the information, it's probably not a conflict In a small town, attorneys are probably friends with a lot of people.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more
  2. Deborah F Bowinski

    Contributor Level 17

    2

    Lawyers agree

    Answered . It is unlikely to be a conflict of interest unless this attorney has previously represented you or your immediate family in other legal matters. Attorneys are not allowed to use information about or learned from one client to the disadvantage of another client. But there are no regulations that limit an attorney's actions based upon their own personal knowledge and experience. It is different than being disqualified from performing jury duty or acting as a judge where one must be able to be impartial.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What information would this attorney be likely to have about you that isn't contained in your bankruptcy file? The purpose of a conflict of interest is to prevent a party that has inside information from using it against you. Information that is widely available, such as something you may have posted on Facebook or small talk at a social event doesn't create a conflict - it is information that is publicly available. In addition, the bankruptcy process does allow a creditor & its attorney to ask you questions about your finances.

    So is there something you are trying to hide that you may have disclosed to others? Sorry, if you have a big mouth, you can't expect a lawyer to keep a secret about information you may have publicly disclosed.

    Hope this perspective helps!

  4. Kathryn Ursula Tokarska

    Contributor Level 16

    Answered . I wonder how this would become a problem since in filing for bankrutpcy you will be offering disclosure under penalty of perjury so unless you are hiding assets, income, transfers of assets/income, I'm not clear how this impacts your case.

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