I had a lawyer who represented me in a defamation case in 2006 in which I was the Plaintiff. The affidavits were filed but the case was eventually settled out of court before a court hearing.
Now 6 years on, I am filing a defamation case against 3 individuals again as Plaintiff, and the very same lawyer is appearing as counsel for the 3 Defendants.
Can this be considered as a conflict of interest, and if so can he be reported to the Bar Council for this?
Should he recuse himself?
Defamation Case: Can a lawyer who represented me (plaintiff) previously now represents the defendants against me (plaintiff)?
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asked on Jan 5, 2013 at 05:48
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edited on May 31, 2016 at 07:34
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answered on Jan 5, 2013 at 16:58
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Anonymous
Is he still acting for you? If no, then there will be no conflicts.
However, if you have provided him with very case sensitive information in the past you might be afraid that he uses it against you. You can ask your counsel to raise this issue and ask the opponent counsel to recuse himself based on the abovementioned.
If he does not hold any information that can be used against you, why afraid?
And, why is everyone suing each other for defamation nowadays.
However, if you have provided him with very case sensitive information in the past you might be afraid that he uses it against you. You can ask your counsel to raise this issue and ask the opponent counsel to recuse himself based on the abovementioned.
If he does not hold any information that can be used against you, why afraid?
And, why is everyone suing each other for defamation nowadays.
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