Question re: Opposing Counsel

[Dadxl5]

Hey Soc,
     Hope your vacation was enjoyable.  If you're willing and able to try again, mind if I start with a different tack?
     Simply put, opposing counsel was really at the bottom of a lot of troubles.  Are there ways to be such a bad taste in their mouths that they are willing to recuse themselves?
     Any input would be helpful.  You can even reach me privately at [email protected].
     Best wishes

[socrateaser]

>Hey Soc,
>     Hope your vacation was enjoyable.  If you're willing and
>able to try again, mind if I start with a different tack?
>     Simply put, opposing counsel was really at the bottom of
>a lot of troubles.  Are there ways to be such a bad taste in
>their mouths that they are willing to recuse themselves?
>     Any input would be helpful.  You can even reach me
>privately at [email protected].
>     Best wishes

A lawyer must treat others honestly and fairly and not mislead or misrepresent the lawyer's or the client's interests. If you believe opposing counsel acted outside of the bounds of the rules of professional conduct, then you can file a complaint with the State Bar and they will investigate.

This won't necessarily cause opposing counsel to withdraw from the case, but if your complaints are meritorious, it could cause the attorney to be suspended or disbarred.

[Dadxl5]

Thanks Soc.  I"ve started with the State Bar's Code of Conduct.  Two  questions for you, though.

1.  What is the statute of limitations on attorney misconduct?  

2.  This guy was my attorney of record (and friend of the family) before the I.R.S. for the purpose of negotiating an Offer in Compromise on old debt.  Concurrently, I filed an OSC to restore visitation under an Ex Parte filing.  He showed up with ex.  Represented her all the way through.  Even sent my new attorney a post-dated letter withdrawing as counsel on the I.R.S. thing two months later.  The question;

From what you can see, does that constitute conflict of interest?  We had a personal relationship prior to all this happening.  It shocks me that someone constrained as attorneys are, can behave this way with impunity.

[socrateaser]

>Thanks Soc.  I"ve started with the State Bar's Code of
>Conduct.  Two  questions for you, though.
>
>1.  What is the statute of limitations on attorney misconduct?
>
>
>2.  This guy was my attorney of record (and friend of the
>family) before the I.R.S. for the purpose of negotiating an
>Offer in Compromise on old debt.  Concurrently, I filed an OSC
>to restore visitation under an Ex Parte filing.  He showed up
>with ex.  Represented her all the way through.  Even sent my
>new attorney a post-dated letter withdrawing as counsel on the
>I.R.S. thing two months later.  The question;
>
>From what you can see, does that constitute conflict of
>interest?  We had a personal relationship prior to all this
>happening.  It shocks me that someone constrained as attorneys
>are, can behave this way with impunity.

It's actually a closer call than you might think. The issue is whether or not anything confidential that the attorney learned from you during that representation would be useful to the current litigation. If so, then the representation would be precluded.

However, the attorney must obtain informed written consent from each of you where a "potential" conflict exists, before he can represent the other party. And, since the confidences would be such that you would not be obligated to disclose them to anyone else, so as to obtain informed written consent, the attorney cannot obtain your informed written consent, therefore the reepresentation would not be permitted.

As convoluted as the above reasoning seems, that's how I'd interpret it. All of which means that the attorney has violated CA RPC 3-310(B) and (C).

So, yes, I believe that you have a legitimate complaint which could subject the attorney to discipline by the State Bar.

Nevertheless, before the Bar will actually suspend or disbar an attorney, it must prove its case by clear and convincing evidence, which is a fairly high burden of proof. So, there are times that the Bar will not prosecute if they don't believe that they can make there case.

You can certainly complain, but it won't ultimately improve your position with regard to your ex. It will just get her attorney in deep doo doo.

Warning: don't use this as a threat to obtain something from the attorney or your ex -- that would be criminal extortion, and you will be in even bigger trouble than the attorney.

[Dadxl5]

Thanks again Soc.  I edited my post in the "I lost so what now?." thread.  My apologies.

Do you know what the statute of limitations is on forgery in California?

[socrateaser]

>Thanks again Soc.  I edited my post in the "I lost so what
>now?." thread.  My apologies.
>
>Do you know what the statute of limitations is on forgery in
>California?

Not offhand. Go to http://www.leginfo.ca.gov/calaw.html, click on the "Penal Code," and look it up. You need to find the crime that matches with the issue you're considering, and then you need to go to the section on "Time" for prosecution to figure out what the SOL will be, because it's based on the number of years that a person may be imprisoned (except for murder, and sex abuse and a few other crimes).