Legal Question in Legal Ethics in Ohio

Representation

Can the same law firm that has represented you in the past, also sue you in a completely different case, at a future date?

If they may not, what are the penalties they would face? Would I be able to counter-sue them?


Asked on 12/26/03, 11:49 am

1 Answer from Attorneys

Paul Nidich Paul A. Nidich, Attorney-at-Law

Re: Representation

The important questions are:

1) at the time they filed suit against you (presumably on behalf of someone else), were you a client of the firm?

2) is there information about you that they acquired by virtue of previously representing you which they will use against you in the new lawsuit?

If the answer is no to both questions, the firm is not prohibited from representing someone who wants to sue you. If the first question is answered yes, they should not represent another person suing you. If the answer to question 2 is yes, you might choose to hire an attorney to represent you in the new lawsuit and have that attorney ask that the firm be barred from the lawsuit for conflict of interest.

As far as counter-suing the law firm, that would depend upon the specific facts and whether they profitted from their previous representation of you in the new lawsuit.

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Answered on 12/26/03, 4:12 pm


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