Conflict of Interest?

[The System]

I have been involved in a law suit with my ex-business partner for over two years (http://www.expertlaw.com/forums/showthread.php?t=17114).

The law firm that represented our LLC (state of MO), were also the legal counsel for my partner in his other businesses.

Our operating agreement states:
..."it is also acknowledged that said Firm may represent each of the Members on other matters and any conflict of interest that such situation may create is hereby waived by all Members".

I considered this to mean that my partner could use this firm to represent his other business interests, as she explained to me.

Because of completing discovery in the aforementioned suit, I have learned that we have paid this law firm over $12k, before and after this law suit was filed. We did owe funds to this firm, but most attorneys have agreed that it should not have been over $3k. On one of the invoices for appx $5k, it was noted that the payment was for company x, one of my ex-partners other businesses.

I did request that this firm withdraw from this case due to conflict of interest. Their response was to withdraw as attorneys for our LLC and continue representing my ex-partner personally and on behalf of his other businesses.

I am still of the opinion that this is legal malpractice, as is an attorney that specializes in these cases. However this attorney is requiring $5k to start the suit.

Do I have, in fact, a malpractice law suit?


I appreciate all thoughts on this matter.

Thanks!

[Mr. Knowitall]

It's hard to guess - and there's no way anybody here is in as good a position to evaluate your case than your own lawyer. One thing that can be reasonably inferred is that the new lawyer expects any litigation to be a money-loser, which would explain why he will charge you an hourly fee to litigate the case but will not take it on a contingency fee (percentage of money recovered) basis.