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View Full Version : Can lawyer represent himself and a client against same opponent for same issue?


wallabee4
Nov 17, 2008, 03:23 PM
Or would it be a conflict of interest? The lawyer could negotiate a better deal for himself in exchange for a lousier deal for the client, couldn't he? Is this conflict of interest or another terminology?

Fr_Chuck
Nov 17, 2008, 03:46 PM
While it is not illegal, the attorney will have to notify his client that he is doing this, If the cases can be combined that would be possible.

JudyKayTee
Nov 17, 2008, 03:50 PM
Or would it be a conflict of interest? The lawyer could negotiate a better deal for himself in exchange for a lousier deal for the client, couldn't he? Is this conflict of interest or another terminology?



Need a little more info. Is this one lawsuit with 2 plaintiffs or 2 lawsuits?

I think the Attorney would be foolish to represent himself as a Plaintiff and a client as a Plaintiff because of the potential argument for conflict of interest but I don't know of anything that precludes an Attorney from doing so. I don't see any question concerning ethics and involving a settlement IF the Attorney is reputable. An obviously unfair or unequal settlement would certainly be grounds to investigate the Attorney and I don't think anyone reputable would do so.

But, again, I don't know why an Attorney would represent himself as a Plaintiff as well as a client who is the second Plaintiff unless it's one law firm and two Attorneys, which does happen.

mr206
Nov 18, 2008, 01:22 PM
Lol... like we learned the first week in law school: "Only a fool is his own attorney".

It's called Pro Se and it's perfectly legal for any person to represent themselves, even if it's a bit of an advantage for that person to already be a lawyer.