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-   -   Can lawyer represent himself and a client against same opponent for same issue? (https://www.askmehelpdesk.com/showthread.php?t=282057)

  • Nov 17, 2008, 03:23 PM
    wallabee4
    Can lawyer represent himself and a client against same opponent for same issue?
    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?
  • Nov 17, 2008, 03:46 PM
    Fr_Chuck

    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.
  • Nov 17, 2008, 03:50 PM
    JudyKayTee
    Quote:

    Originally Posted by wallabee4 View Post
    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.
  • Nov 18, 2008, 01:22 PM
    mr206

    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.

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