Conflict of Interest?

Status
Not open for further replies.
C

ChrisB90

New Member
Jurisdiction
Texas
Is it attorney conflict of interest for a lawyer who is representing a client in a criminal case to purchase that client's business? Let's say John owns a pawn shop. John then gets arrested for possession of cocaine, a large amount. John makes bail and hires Tim, his new attorney. Tim tells john that he could be facing some prison time. To save his business John tells Tim to buy his business from him. Tim says he will but not at asking price because he thinks its not worth as much now that its owned by a drug dealer. Is this conflict of interest since of would be in the lawyer's favor to send this client to prison so that he can capitalize on the loss?
 
ChrisB90 said:
Is it attorney conflict of interest for a lawyer who is representing a client in a criminal case to purchase that client's business?
Click to expand...



THE TEXAS ANOMALY
Texas Rule 1.06 is central to our discussion at this point. Because it is not worded with altogether unmitigated clarity, it is often summarized as to its effect as opposed to being quoted. Here's what it actually says:

Texas Rule 1.06

A lawyer shall not represent opposing parties to the same litigation.
In other situations, and except to the extent permitted by paragraph (c), a lawyer shall not represent a person if the representation of that person:
involves a substantially related matter in which that person's interests are materially and directly adverse to the interests of another client of the lawyer or the lawyer's firm; or
reasonably appears to be or become adversely limited by the lawyer's or law firm's responsibilities to another client or to a third person or by the lawyer's or law firm's own interests.
A lawyer may represent a client in the circumstances described in (b) if:
Part (a) is clear enough (e.g., an attorney cannot represent both plaintiff and defendant in a litigation matter).

Conflicts of Interest | Texas Bar Practice
...

ChrisB90 said:
Is this conflict of interest since of would be in the lawyer's favor to send this client to prison so that he can capitalize on the loss?
Click to expand...

Only the Texas Bar Association could answer such a question.

If you are the client and believe your attorney has violated legal or ethical requirements, file a complaint with this agency:

https://www.texasbar.com/Content/NavigationMenu/ForThePublic/ProblemswithanAttorney/CAAP/default.htm
...
 
ChrisB90 said:
Is it attorney conflict of interest for a lawyer who is representing a client in a criminal case to purchase that client's business? Let's say John owns a pawn shop. John then gets arrested for possession of cocaine, a large amount. John makes bail and hires Tim, his new attorney. Tim tells john that he could be facing some prison time. To save his business John tells Tim to buy his business from him. Tim says he will but not at asking price because he thinks its not worth as much now that its owned by a drug dealer. Is this conflict of interest since of would be in the lawyer's favor to send this client to prison so that he can capitalize on the loss?
Click to expand...
Is this homework?...or are you asking about a situation that legally involves you? Please charify.
 
As of right now this is just homework considering nothing as been done or hired to look into this issue at hand. I was just curious about the legality and ethics behind this. This has happened to someone I know but we are also aware that malpractice cases, if this falls into that category, are very hard to prove and takes a lot of time and money. I'm just researching all my options. Thank you all for the info.
 
ChrisB90 said:
As of right now this is just homework considering nothing as been done or hired to look into this issue at hand. I was just curious about the legality and ethics behind this. This has happened to someone I know but we are also aware that malpractice cases, if this falls into that category, are very hard to prove and takes a lot of time and money. I'm just researching all my options. Thank you all for the info.
Click to expand...
Okay. So this has nothing to do with you, legally speaking, and you have no "options".

Have the person who legal situation this is join the site and ask his own questions.
 
justblue said:
Okay. So this has nothing to do with you, legally speaking, and you have no "options".

Have the person who legal situation this is join the site and ask his own questions.
Click to expand...

Well I would but that person happens to be incarcerated. Read between the lines. Shouldn't make any difference who asks the questions.
 
ChrisB90 said:
Well I would but that person happens to be incarcerated. Read between the lines. Shouldn't make any difference who asks the questions.
Click to expand...
sigh...

You are not an attorney (based on your postings here) and therefor there is nothing YOU can do, other than pay for an attorney, to assist your friend.

As a rule it is a waste of time to assist 3rd party posters as they seldom have all the facts of the case.

Google "Unlawful Practice of Law" to better understand why you are very limited in what you can do to help your friend.
 
justblue said:
sigh...

You are not an attorney (based on your postings here) and therefor there is nothing YOU can do, other than pay for an attorney, to assist your friend.

As a rule it is a waste of time to assist 3rd party posters as they seldom have all the facts of the case.

Google "Unlawful Practice of Law" to better understand why you are very limited in what you can do to help your friend.
Click to expand...

There's nothing I can do besides pay for an attorney to help my friend? Geez, I'm not even a lawyer (according to my post) and I could have told you that. Thanks for the help!...sigh
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top