Q: I am a plaintiff in a med mal case, my attorney is being sued & hired the defense attorney in my case to represent her.
Is that a conflict of interest? The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc.
A: Your attorney is being sued by whom, by you or by someone else? If someone else, then there's arguably no conflict. There are many firms that represents doctors and hospitals in medical malpractice lawsuits and attorneys in legal malpractice lawsuits. As long as the two lawsuits do not arise out of the same set of facts and circumstances, you should be fine. You want to speak with your attorney and remind he is under an ethical obligation not to disclose any client confidences with this law firm.
A: You may want to discuss this with your attorney - attorneys on a public forum could have additional questions beyond the limited format scope here. Good luck
Yes, what you're describing could potentially represent a conflict of interest. In legal practice, an attorney generally must avoid representation in a case where their interests are materially adverse to those of a client, or where their professional judgment may be unduly influenced by their own interests. If your attorney is being sued and has hired the defense attorney from your medical malpractice case, this could raise concerns about divided loyalties and the ability to maintain impartiality.
You have the right to discuss this matter with your attorney and express your concerns. If you're not satisfied with the explanation or if the conflict cannot be resolved, you might consider seeking independent legal counsel to review your case and potentially take over your representation. Moreover, you may wish to file a complaint with the state bar association if you believe that your attorney's actions have compromised your case or breached ethical standards. Documentation such as phone records and emails could be crucial in pursuing such a complaint or any subsequent legal action.
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