A year into a lawsuit, my lawyer tells me that his wife (my lawyer's wife) is a partner with opposing council. Interrogatories are over, depositions are over etc. I tried to find another lawyer but due to the amount of discovery completed, they don't want to take my case (medical malpractice). Is this legal malpractice on the part of my lawyer? Opposing council has not changed. My lawyer knew all along that his wife was with their firm.
LadyCatherine
by law in most state YOU do NOT find another lawyer, YOUR lawyer finds you another lawyer, if he can not help you. and in some cases as long as both parties are ok with the conflict of interest and see it as not a problem a judge will ok you lawyer staying on..
lucy
This makes absolutely no sense. Of course your lawyer knows that his wife works for the opposing firm since they are married. All phone calls, correspondence etc would be directed to this firm or to your lawyers firm. Opposing law firm is also aware that wife is married to your lawyer, so would handle the case accordingly. The 1st rule in any case is that each lawyer/firm checks for prior conflict of interest and takes steps to avoid or not take the case. He did not "just tell you" after 1 year. Just because she is on the other side, does not mean she is working the case at all, but is out of it. In most cases, both your lawyer and his wife will not discuss this case at all due to a possible conflict of interest. Or in most cases, from day 1 when it is known who the other firm is, they will inform you or have you sign a form acknowledging this.
As for finding another lawyer, it is NOT the lawyers job to find you another lawyer per the other poster. He might make suggestions of other lawyers, but it appears that now you feel the case not going well and want to find another lawyer, so it is up to YOU to find a new lawyer to handle this case.
My guess is that due to all the discovery etc done that no other lawyer will take since you have a losing case period and they know it. Plus, even if you find another lawyer, you will most likely have a "lien" on any settlement with your current lawyer, since he incurred expenses of hours worked, interrogatories, discovery, court costs, expert fees etc that he would be reimbursed and owed.
It looks like you are now aware that your case may not be "winnable" and are looking for other ways to get a settlement by now going after your own lawyer for legal malpractice. Unless this lawyer is an absolute idiot, I guarantee there is no conflict of interest at all.
Betsy
You might want to talk with someone at the state agency that disciplines and regulates attorneys. You can find out which agency that is by contacting your public library and speaking with a reference librarian.
Orignal From: Tips: When should a lawyer disclose a possible conflict of interest?
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