Waldorf, MD asked in Criminal Law and Federal Crimes for Maryland

Q: This is regarding a federal agency being hacked.

I am a consultant for a legal firm representing the complaintive agency in one case against suspect foreign cyber Security Company. I represent the same suspect foreign cybersecurity company in a case against the U.S. cybersecurity company. Can I legally represent both companies? If Not what laws or regulations would I break?

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1 Lawyer Answer
Joseph D. Allen
Joseph D. Allen
Answered
  • Hunt Valley, MD
  • Licensed in Maryland

A: Criminal liability in a situation like this might result from defrauding one of the parties- e.g. obtaining something of value (your fees) from them under false pretenses (perhaps that you are not using the confidential info obtained from them in one matter against them in the other matter). Particularly if by agency, you mean a government agency. Civil liability is a possibility as well- breach of various agreements and duties owed to clients. If you were an attorney, being directly adverse to your client in a separate matter would not be kosher under the ethical rules.

It also just seems like a generally risky idea to be both for and against a "suspect foreign cybersecurity company." You might want to pay an attorney to review your situation for you.

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