Legal Question in Credit and Debt Law in California

can your attorney hire the attorney he defended you against to sue you?


Asked on 1/14/14, 8:30 am

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

It is likely a large conflict of interest for an attorney that represented you, to be hired to sue you. It would probably be a Bar Rule Ethical Violation, and possibly a lawsuit for you.

Read more
Answered on 1/14/14, 9:15 am

First, Mr. Selik didn't read your question correctly and second he is wrong. You are asking if your former attorney can sue you, and use the attorney he defended you against in the past. The answer is absolutely yes. The other attorney was adverse to you in the first case and is adverse to you in the second case brought by your attorney. Your attorney may have limitations on when or if he can sue you and if he has to offer you arbitration first, but as far as hiring an attorney who sued you before to sue you again, he has every right to do that. Second, an attorney who used to represent you almost always can sue you once their representation of you is entirely done. It is only a conflict of interest to sue you at the same time they are representing you in another matter, and even then in some situations that conflict can be waived if everyone agrees. The only other limitation on representing someone who is suing you after representing you in the past is that they may be ordered off the case if you can show that the former representation gave them confidential information that they can use against you in the new case. But if, for example, they represented you on behalf of your auto insurance company in a car crash case and then sometime after that case is completely finished, they are hired to sue you over a business dispute, there is nothing wrong with that.

Read more
Answered on 1/14/14, 11:07 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in California