Q: Lawyer withdraws and be rehired for same civil case in Texas
Can a lawyer withdraw from a civil case (representing 4 people) due to non payment, another lawyer take over the case and then later the first lawyer come back to represent a portion (2 out of the original 4)
Is that prejudicial or conflict in any way that judge would reject? This is in Texas
A: A lawyer in Texas can withdraw from a civil case due to non-payment and then be rehired to represent a portion of the original clients. However, the judge may reject the second representation if it is found to be prejudicial or create a conflict of interest. The judge will consider factors such as the nature of the case, the extent of the lawyer's knowledge of the case, and the potential for the lawyer to use confidential information from the other clients to the detriment of those clients. Ultimately, the decision of whether to allow the second representation is up to the judge.
1 user found this answer helpful
A:
Typically, a judge would not interfere unless one of the lawyer's original 4 clients complains. That said, if one of those clients complains that there is a conflict of interest that precludes the lawyer from reappearing only on behalf of 2 of the original 4 clients they previously represented, the court would look closely at whether the lawyer may have confidential information from the complaining party that could be used to its detriment, as Ms. Arrasmith states in his answer.
One thing that some people do not adequately understand is that if you aren't one of the lawyer's original 4 clients--especially if you are an opposing party--you most likely do not have standing to complain. The purpose of conflict of interest rules is to protect a lawyer's current and former clients--not the opposing party.
A: It could be difficult for an attorney to offer a definitive yes or no answer without seeing all the details of the file, the parties, their relationships, and the nature of the matter, among other facts. Good luck
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