St. Denis & Davey, P.A.

Legal Malpractice Issues

Defense attorney raises question of conflict of interest

| Oct 28, 2018 | Legal Malpractice Law |

Every attorney in Florida is held to a high level of ethical standards so that all persons represented by them receive fair and appropriate counsel that is truly in their best interest. This is true in any situation whether a person needs an attorney to create an estate plan, to represent them in a divorce or to defend them against criminal charges.

Many factors may play into whether or not a particular attorney is meeting the designated ethical standards. Opposing attorneys or clients may raise concerns about potential conflicts of interests or inappropriate actions on behalf of an attorney. In one situation recently, a lawyer actually raised her own concerns that her work with a client might actually be in jeopardy of representing a conflict of interest according to a report by the News-Press.

The lawyer is representing a man who is charged with conspiracy for allegedly agreeing to be part of a gang. The case involves other defendants as well, each with their own legal representation. During the course of the case, the attorney in question happened to recognize that one of the other co-defendants had been a client of hers roughly four years ago when she represented him in a different criminal matter.

The client of the attorney who alerted the judge to the potential conflict of interest indicated he wishes to continue with her representation. The judge is said to next seek the input of the co-defendant and his current attorney before determining how to proceed in the case.