Q: I’m suing tenets for damages to a home they rented.
I’m suing tenets for damages to a home they rented in small claims court. The suit was answered by their attorney al most 2 years ago, but delayed do to COVID. Well I just received a notice of appearance by there new attorney who happens to be the daughter. She is on the rental application as a tenant, see was 19 in 2015 when the lease was signed. Note, she only lived there as a grown child. She does not a financial interest in the suit, but in my opinion she is a material witness. Does she have a conflict of interest? Or does she have to be under oath so I may ask her questions? Or, should she not act as counsel if she is a material witness? In addition, There threatening a counter claim based on fraud, neglect and laches. It was filed within the statute of limitation’s Fraud and neglect I’m kinda confused, I don’t see it.
A:
Since she is on the rental application as a tenant, I assume she is one of the defendants you have sued for damages to the home. An attorney has a conflict of interest if her personal financial interest is adverse to her clients. In this case, it sounds like her personal financial interests are aligned with the other tenants because she herself is a tenant.
She may, however, be a fact witness. If she is a witness to a material, disputed fact, she cannot appear as an advocate in a contested hearing or trial, but can nevertheless work on the matter pretrial (i.e. drafting and filing motions, arguing legal matters that are not dependent on the disputed fact she has knowledge of).
I would need to know more facts to ascertain anything about the threatened counterclaim based on fraud, neglect, or laches.
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