Plaintiff is pro se who was a paralegal, business partner, client and mistress to Defendant who is an attorney. Defendant and his law firm represented Plaintiff in multiple matters over a span of 12 years. Plaintiff later sued Defendant for Sexual Assault & Battery and Trial is scheduled for at or around June 2020. The Defendant's law partner and his law firm are counsel of record for him in the civil matter. Can the Plaintiff file a Motion to Disqualify Defendant's Counsel for a conflict of interest pursuant to the PA Rules of Professional Conduct 1.9 (Duties to former clients)? The Defendant's counsel of record is a partner at his law firm, the same law firm that formerly represented the Plaintiff. Are the Defendant's partners and his law firm included in Rule 1.9 or does this Rule only apply to attorneys as individuals? Please advise. Thank you.
You have raised important issues. However the answers to these conflicts are very fact sensitive and cannot be answered definitely in a forum such as this. While you obviously have a lot of knowledge of the law, representing yourself is a difficult pursuit. The reason for having a lawyer represent you is not only because of the lawyer's knowledge, but also because they are are not emotionally involved. The advice of a trusted counsellor, who is not emotionally involved, is often the most important aspect of an attorney's representation. I would urge you to get competent, experienced counsel.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline