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Texas State Court has a Rule 12 in which you can challenge the authority of an attorney to act and/or represent someone in

Houston, TX |

Court Is there a similar rule which can be filed in FEDERAL Court?

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Attorney answers 2

Best Answer
Posted

I agree with Mr. Arbuckle. Unless you have really good, solid evidence proving that a lawyer who has appeared for a party is not really that party's lawyer, filing a motion challenging his or her authority would be shooting oneself in the foot, especially in federal court where the judges do not tolerate nonsense that needlessly consumes their time.

Asker

Posted

Thank you for your response. The lawyer in questions responded to my countersuit stating he represents "some but not all of the CounterDefendants" so the questions is who does he represent and who does he not represent. The Defendants consist of 3 LLC's and 8 individuals (employees, agents, shareholders of the 3 LLCs) State bar rules state that an attorney cannot have a conflict of interest and in reading case law a lawyer who represents a LLC or corporation represents the "corporation" and not its employees and if an attorney attempts to represent the employees he must get a conflict of interest acknowledgement signed by them --- or words to that effect.

Don Karotkin

Don Karotkin

Posted

Instead of filing a motion, why don't you just ask him whom he represents? I acknowledge what the Texas Disciplinary Rules of Professional Conduct say about conflicts of interest, but since the possible conflict would be between two or more of your adversaries, you have no standing to complain about such to the court. If the lawyer has a conflict, it might adversely affect one or more of his clients, but there is no potential for it to harm you. In other words, in plain, blunt English, it's none of your affair. Of course, you could complain to SBOT, but I do not see how that could accomplish anything useful for you. It sounds like you are pro se in federal court. If so, while I hate to rain on your parade, that is a formula for disaster. Please hire a lawyer right away. Good luck.

Asker

Posted

Thank you for taking the time to explain that to me. Yes I know I am totally out of my league, no matter how much legal research and/or case law I read i can NEVER get up to par. I am not pro se because I want to be, I am pro se because I simply do not have the money to hire an attorney. I have already conducted discovery and have filed quite a few motions in State Court so far I have not found an attorney to represent me on a contingency basis given the extent in which the case has proceeded. Anyway, it would appear from your responses that you would be the type of a lawyer, anyone would want to hire and be lucky enough to have represent them i.e. competent, honest, forthright, nonjudgmental, willing to take the extra step to help someone. Thank you again.

Don Karotkin

Don Karotkin

Posted

You're welcome and thanks for the kind comments.

Asker

Posted

Thank you.

Posted

No, which is just as well, because only pro se and really stupid lawyers would ever try to use that rule.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

Asker

Posted

Thank you for taking the time to respond to my question.