In a home owners association (HOA) of which I pay dues without delinquency and for which these dues pay to have a lawyer on retainer, if I choose to take the association to court and this lawyer represents the association and opposes me, is this not a conflict of interest on behalf of that lawyer. If so, can I object to that lawyers presence and have him / her dismissed from the proceedings?
Answered on: 9/30/13, 9:37 am by Michael E. Hendrickson
No, I see no conflict of interest on the part of the lawyer since s/he represents the HOA and that there is no legal relationship between you and this attorney who is retained by the association merrely because you are paying HOA dues or fees and which in no way implies that you have any legal relationship
with this attorney which would give rise to such a conflict (in my opinion).
And, yes, of course, you could object but I suspect that the judge hearing the matter would overrule your objection.
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