Legal Question in Family Law in Washington

Is it a conflict of interest if my attorney resently start work/practice for the opposing firm while I am still on a payment plan and never recieved a notice she is released from case? Most recent work she did was in May 09


Asked on 2/20/10, 9:03 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

It COULD be a conflict. I stress could because I would need more information. For example, does this attorney still do work for you, or are you just paying off what you owe on a payment plan. If you are just paying off what you owe on a payment plan, then it is less likely that a conflict exists, although it is still possible. Another question that arises is whether the new firm has taken steps to sequester your attorney from being able to see the opposing files and whether the opposing attorney is sequestered from seeing your files.

I am not sure what you mean when you say "released from case" but if you mean that your attorney did not file a Notice of Withdrawal, then I think yes, there is a greater likelihood of an ethical problem. Still, I caution you, that this is all theoretical at this point with the information you provided. I would need more information to better answer this question.

Beyond that, I think you should write, not call, but write your former attorney and ask them what is going on and why you were not provided notice of joining the former opposing firm. Ask the attorney what they have done to ensure that your files are not viewed by opposing counsel. If you are not satisfied that your privileged attorney-client communications are not properly protected, then I suggest you consult a malpractice or ethics attorney to see what if anything you should do next.

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Answered on 2/25/10, 3:56 pm


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