Full question:
I was doing business using license of a company under warble agreement for time of 18 month during that time law firm were representing corporation made me secretory of corporation by adding my name by corporation's presidents instruction. I was secretory for 6 months prior to leaving corporation, now same law firm is representing corporation against me in law suit.since same law firm added me as secretory of corporation and advise me two time during my tenner with same corporation. is it or is not breach of fiduciary duty by law firm under state of Florida law? How judge can allow the same law firm to represent the corporation once i was part of it during the time same law firm made me secretory of corporation suing me? please provide me case and applicable law if you agree with me that law firm should not be allowed to represent. what defiance can i show to judge to do so. Thanks
- Category: Courts
- Subcategory: Attorneys
- Date:
- State: Florida
Answer:
According to the Florida Rules of Professional Conduct, specifically Rule 4-1.9, a lawyer who has previously represented a client cannot represent another person in a matter that is the same or substantially related if that person's interests are materially adverse to the former client, unless the former client gives informed consent. Additionally, Rule 4-1.10 addresses the imputation of conflicts of interest among lawyers in a firm.
Rule 4-1.9 states:
- (a) A lawyer cannot represent another person in the same or a substantially related matter where the interests are materially adverse, unless the former client consents.
- (b) A lawyer cannot use information from the previous representation to the disadvantage of the former client.
Rule 4-1.10(a) indicates that if one lawyer in a firm has a conflict, all lawyers in that firm may also be disqualified from representing the new client unless the conflict is based on personal interest and does not significantly limit the representation of the client by the remaining lawyers.
The case of Manning v. Cooper, 981 So.2d 668 (Fla.App. 4 Dist. 2008), illustrates that disqualification of counsel is an extraordinary remedy and should be approached with caution. The court found that the rules did not apply to Bohannon because he had never represented Cooper, and thus, the conflict did not extend to him.
In your situation, if the law firm that represented the corporation while you were a secretary is now suing you, you may argue that their representation creates a conflict of interest under the rules mentioned above. However, the court may still allow them to represent the corporation unless you can demonstrate that the matters are substantially related and that the firm possesses confidential information that could disadvantage you.
To challenge the law firm's representation, you would need to file a motion to disqualify them, arguing that their prior relationship with you as secretary creates a conflict of interest. However, disqualification motions are often viewed skeptically by courts, as they can be seen as tactical maneuvers. Therefore, you would need to provide compelling evidence of the conflict and how it affects the case.
For further guidance, you may want to consult with a legal professional who can provide advice tailored to your specific circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.