Legal Question in Personal Injury in Wisconsin

Is it conflict of interest for an attorney to represent you in a law suite case if she previously worked for the insurance company your fighting against

Asked on 3/01/17, 5:38 pm

2 Answers from Attorneys

Jason A. Richman Jason A. Richman, Esq.

No, not automatically. If a lawyer has a prior relationship with an insurer or even a party, they may still be ethically able to bring action against them of the behalf of an injured party. Whether or not depends on the degree of the relationship and many other factors including whether or not the new suit is at all related to the old matter.

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Answered on 3/01/17, 9:26 pm
JAY Nixon nixon law offices

This is not necessarily a conflict, but is waive-able by you, even if it is one. Who a lawyer worked for years before probably has no effect on any new case arising after he left, nor upon the lawyer's motivations or professional duties to either client. Working for two masters on the same active case, however, is a big problem, due to conflicting duties of loyalty, and exposure to confidences of one client, which might be useable in the other. If the lawyer worked for the insurer years earlier, there is probably no negative impact on you, and there might even be a positive benefit, if he still has an excellent working relationship with them due his previous employment.

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Answered on 3/06/17, 5:03 am

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