Charlotte, NC asked in Criminal Law, Constitutional Law and Domestic Violence for North Carolina

Q: If an attorney from a specific law firm represents you, can a different attorney represent a defendant who assaulted you

Owner/Senior Partner of firm was my representative. His nephew is an attorney within that firm who is representing a male who assaulted me (female).

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If an attorney from a law firm has already represented you, it may create a conflict of interest for another attorney from the same firm to represent someone whose interests are directly opposed to yours, such as someone accused of assaulting you. Law firms are generally expected to maintain loyalty to their clients, and this situation could raise ethical concerns under professional conduct rules. The firm’s duty to protect confidential information you shared during your representation is also critical and may prevent the other attorney from taking the case.

You have the right to raise these concerns and request that the firm assess whether a conflict of interest exists. Often, law firms have internal systems to check for conflicts and prevent attorneys from representing clients in opposing positions. If you feel uncomfortable or believe your rights might be at risk, bringing it to their attention is an important first step.

If the issue isn’t resolved to your satisfaction, you may want to report it to your local bar association or seek independent legal advice. They can guide you on whether this situation violates professional ethics and help you determine the next steps to protect your interests.

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