Legal Question in Personal Injury in Indiana

Conflict of Interest

My attorney was representing me in a slip and fall case against the county I live in. During this case my oldest son had a car accident at which he was at fault. The couple that he hit decided to sue my son. Well since he was covered under my insurance plan they basically sued me. They hired the same attorney to sue me that was representing me in my slip and fall case. My question is was there a conflict of interest involved and should my attorney not have taken the accident victim's case. And is there legal action that I can take against the law firm.


Asked on 1/12/04, 12:23 pm

3 Answers from Attorneys

Mary J. Hoeller, R.N., J.D. Attorney At Law

Re: Conflict of Interest

You need to talk with your attorney about your concerns of a conflict.

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Answered on 1/12/04, 12:41 pm
C. David DuMond Law Offices of David DuMond

Re: Conflict of Interest

This is a very serious breach of professional ethics. Make sure your attorney realizes this has happened. He should be thrown off the case filed against you. The link for the Indiana Disciplinary Commission is:

http://www.in.gov/judiciary/agencies/dis.html

The disciplinary commission should be advised of this unless the attorney promptly resigns from the case against you and gives a written promise not to reveal any information obtained from you. If you think the attorney knows about the conflict, then I suggest you go straignt to the disciplinary commission without further ado.

I am sorry this happened.

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Answered on 1/12/04, 3:54 pm
Brian Halloran Brooking and Halloran, PLLC

Re: Conflict of Interest

This is a very serious conflict of interest, and one I'm stunned wasn't caught and dealt with immediately. Follow Mr. DuMond's advice. You can't allow this to continue. Best of luck.

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Answered on 1/15/04, 11:30 am


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