I Think my Lawyer Might Be Representing Someone Else to my Disadvantage
Your lawyer is bound by law and the rules of legal ethics to advocate for your interests. They must do so with the utmost commitment and purpose. Your lawyer must keep anything you tell them in confidence. They can neither disclose your secrets to anyone nor act on them in a way that benefits another person, or puts you at a disadvantage. Complete loyalty to you and your affairs is what you should expect. If your lawyer betrays this trust, if they work for someone else against your interests, then they have committed one of the most egregious acts of Texas legal malpractice in existence. You can hold them accountable by hiring a legal malpractice attorney and filing a lawsuit against them.
Conflict of Interest
Conflict of interest is a serious ethical violation. A lawyer is not allowed to represent one client when a victory for them would work to the disadvantage of another client. They must disclose such a conflict of interest and give up one or the other client.
It is incumbent upon lawyers to know immediately when they are involved in a conflict of interest. They should carefully analyze and assess each case they take on and determine whether it is related in any way with other cases they are currently working on. Even if a case has the potential for conflict of interest, the lawyer should let their clients know and withdraw from one of the cases—preferably the newer case.
Conflict of Interest is Not Always Commercial
The most common types of conflict of interest cases involve business and commercial relationships. But there are other types. If the firm that represents you works in employee law and business law, for example, you may find yourself getting the short end of the stick. Your case need not involve any of the business clients represented by the same firm. But if other lawyers in the firm are working on a case that would set a legal precedent that would limit the rights of workers to sue for unfair termination or discrimination, this will have an impact on your interests. In this instance, the law firm will have a conflict of interest.
The same goes for law firms that represent survivors of rape, surviving family members of a murder, or other types of victims. If the firm also represents criminal defendants, it may have a conflict of interest even if the lawyers of the latter are from a different firm. They should tell you about it and drop you or their other clients.
A Shocking Discovery
If you are a private citizen, it will be hard for you to determine whether your lawyer is representing someone else to your disadvantage. However, you don’t need a law degree or experience in the area to figure out that something is wrong. You can simply use common sense.
If your attorney’s attitude shifts all of a sudden, if they do not appear to be as zealous in their pursuit of your interests, then you might have a problem. You should certainly take action if your attorney offers advice that will lead to your detriment or asks you to accept an offer or a compromise for no good reason.
In these instances, you will need to follow up your suspicions with a proper investigation into the matter. Your first move must be to hire a legal malpractice attorney. Lawyers at the Kassab Law Firm know how to carry out such inquires. The lawyers at the Kassab Law Firm know how to investigate potential conflict of interest violations in a way that is subtle and inconspicuous.
If you believe your lawyer is working to your disadvantage, then you should speak to the legal malpractice attorneys at the Kassab Law Firm.