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Conflict of Interest Question
Shawn:
If you weigh the potential risks against the upside, is it really important
to take the case. You'll get $4k and the potential for a bunch of
headaches. I don't see the upside. Even if you really need the work, when
it later starts to bite you in the butt you will be very, very sorry you
took the case.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
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Shawn:
I'd be concerned about taking the case under those facts, since your new client would be seeking to discharge the debt of the client of your former firm. The State Bar has an ethics hotline (800) 238-4427 which is a great (free) resource to call to discuss these types of issues. Before you call you should read California Rule of Professional Conduct 3-310 carefully.
Jim
James R. Selth
Weintraub & Selth, APC
12121 Wilshire Boulevard, Suite 1300
Los Angeles, California 90025
Telephone: (310) 207-1494
Facsimile: (310) 442-0660
E-Mail: jim@wsrlaw.net
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Last year I did some bankruptcy work in an "of counsel" capacity for a firm in Simi Valley. While I was there I heard an attorney talk about a civil case he was working on. I did not hear or know any details about the case, only that it existed.
I no longer work for that firm except occasionally as appearance counsel. I recently signed a CH 13 client only to discover that he is the defendant in the lawsuit my former firm was working on. I also discovered that the Plaintiff is a relative of the firms senior partner. I have never met this relative. The suit has not yet gone to trial. The lawsuit will be listed on the petition.
The (potential) client is aware of the situation and has signed a conflict waiver.
Is it inappropriate, for any reason, for me to handle his bankruptcy?
Thanks for any advice.
Shawn
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