QUESTION
Can an attorney be counsel in a case for a client and then be party in another case if both cases conspire from each other?
Asked on Feb 26th, 2014 on Bankruptcy - Washington
More details to this question:
I was taken to court by this attorney who represented on behalf of an apartment complex. The judge sided with them. I am now in federal court with a new case against them for violations of the FDCPA.
4 ANSWERS
Thomas Edward Gates
Since you are in a different court and I am assuming a new cause of action, he can represent them.
Answered on Feb 28th, 2014 at 7:18 AM
The attorney is against you in both cases. There is no conflict.
Answered on Feb 28th, 2014 at 7:18 AM
arbitration Attorney serving Las Vegas, NV
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Law Offices of Craig B. Friedberg, Esq.
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If you mean by "them" that you are suing the apartment complex attorney for violations of the FDCPA, then there is nothing unusual about that scenario presuming the attorney fits under the definition of a "debt collector" under 15 USC 1692a(6).
Answered on Feb 28th, 2014 at 7:18 AM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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The question does not have sufficient information to determine if a conflict might exist. This is not something that can be answered in the abstract. Issues include whether the attorney is a witness and whether he is trying to represent both himself and another party in a case in which his conduct is at issue.
Answered on Feb 28th, 2014 at 7:18 AM