Saturday, April 19, 2008

Can you sue a former lawyer who now works for an adversary law firm? -

I had this one lawyer who represented me in a previous case. The settlement agreement, which is material to the present case. Her signature is on the settlement agreement. Now she works for the law firm that represents the company that she gave me legal advice as my lawyer in regards to that settlement agreement. She testified in her deposition that she never gave me any legal advice in regards to the settlement agreement. Can I sue her, and if so what can I sue her for?

Your question is confusing. Did she sign the prior settlement agreement as your attorney? Was she working for that law firm when she purported to represent you? If she wasn t, then I don t see any conflict of interest. Attorneys change jobs all the time. If you had a suit, it might be for fraud or negligence (malpractice) but I don t see any claim based on the way you described it. She might also have violated ethical rules if she was working for a firm with an adverse interest to you at the time she was supposedly your attorney. Dana (attorney)

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If you can prove that the lawyer has told other people things that you told the lawyer in confidence, that is grounds for an ethics complaint but not a lawsuit (unless you suffered financial harm by the disclosure). If you can prove that at the time the lawyer was representing you she had an actual conflict of interest and actually committed malpractice, you can sue for the damages you have suffered by the poor representation. Finally, if you have a current case involving the lawyer snew firm, you might be able to get the firm disqualified if there is some relationship between the old case and the new one. BTW, if the lawyer quot;testifiedquot; in a deposition, it sounds like you have already sued her. One doesn t have a deposition unless there is a lawsuit.

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