Lawyers and horse-trading.

[The Backlash Cometh]

This is going out there for anyone with a legal background or anyone who has seen something to the effect of what I'm writing about.

Two questions:
(1) How out of the ordinary is it for a lawyer to step in a case and use it for their own purpose? I ask because there's a clear case where a lawyer represented a Homeowner's Association pro bono to stop a Mall from expanding, only to find out he was a lawyer for an opposing Mall. I've also wondered how much of this outside agenda creeps in when a lawyer finds himself on the opposing side of a table against a previous client. Especially if that client was investigating matters that could have affected him.

(2) Are these cases legal where a lawyer uses inside information that is not directly relevant to his client's case so he can influence the outcome of another case, are these something the Bar Association should be looking into?

[hobbit709]

1. If you can prove that, turn him in to the state bar.

[The Backlash Cometh]

2. This has been going on for so long that there's no way they couldn't

know it's happening. I suspect the Fla Bar is hampered by the same politics that has silenced the FDLE and State Attorney Offices.

Anyone have experience with the Florida Bar? What kind of integrity does it have? Or is their review board infiltrated by good ole boys?

[Sanity Claws]

3. Clear conflict of interest

When there is the possibility of a conflict of interest, the lawyer must disclose the possible conflict to the client. If the client signs off, acknowledging that a potential conflict exists but still wants this attorney to represent him, then the lawyer may go ahead and represent the client. Of course, there may be hidden problems, such as whether the lawyer disclosed the full extent of the conflict.

The client should report him to the Bar Association. If you are not the client, get the client to report it. If the client won't, find out why. If you are not the client, you can try reporting the matter but be sure to detail your interest in the matter. Are you a homeowner and indirectly affected?

[The Backlash Cometh]

4. It's right out in the open.

A lawyer represented a government agency for decades. An investigation began, he resigned before the final results came in. Shortly after he leaves his position the conclusion of the investigation is that nothing turned up. Immediately after the report came in he shows up with a private client suing the government agency.

Sounds very tit for tat. Now, all of this is out in the open in the papers. So, if the Florida Bar allows it to go without stepping in, what is the conclusion that an ordinary person reaches?

[AngryAmish]

5. Both are huge no-nos

Make sure that the Bar Association is the disciplinary body. In Illinois, the Bar association has nothing to do with attorney discipline. It is an agency of the state supreme court. Your state, who knows.

[The Backlash Cometh]

6. We have a serious problem in Central Florida.

Lots of unethical attorneys. Really, there is no where to go because it's so obvious what they're doing that you just assume the Bar Association is going along with it.