Conflict of Interest

[Charlie S.]

In February 2006 a law firm in the state of Arkansas was retained to to file a wrongful death (motor vehicle accident) lawsuit on behalf of my family. Two weeks ago I found out through the internet that this law firm has over the course of several years represented and still occassionally represent the same insurance company(the attorney heading our suit has admitted to this)that insures the trucking company we are seeking a suit against. Is this a conflict of interest on the law firms part? Is this a legal issue or is it just a violation of law ethics? What procedures if any should we take?

[Mr. Knowitall]

When you say they represent "the insurance company", do you actually mean that they represent the company, or that they represent the insurance company's clients (with the insurance company paying the bill).

[Charlie S.]

The law firm has over the course of several years and still periodically represent the "ACME" Insurance Company(not the real name).My family obtained the law firm to file a lawsuit against a trucking company whose driver caused a collision that resulted in the death of my sister and her daughter.The trucking company is insured by "ACME".The law firm never disclosed to us that "ACME" is an occasional client (but not in this particular lawsuit). I contend that the law firm is involved in a conflict of interestDue to the fact that they have previously represented the the same company we have a lawsuit against) .....thanks for your reply and my apologies for my delay in responding.

[Mr. Knowitall]

Technically speaking, they are not representing the insurance company in your litigation. They are representing the other driver, with the insurance company paying their bill. That's probably enough to get them around your state's conflict of interest ethics provisions.

If this makes you uncomfortable, speak to them about your concerns.

[seniorjudge]

The law firm is definitely in the wrong here.

[Mr. Knowitall]

I believe that seniorjudge is correct if they are presently actively representing the insurance company, and probably correct if they are actively representing any of the insurance company's clients. It's probably also correct if they intend to continue to directly represent the insurance company in the future, even if they don't have any current cases on behalf of the insurance company or its clients. If they presently have no such cases (representing either the insurance company or its clients), and do not intend to work for the insurance company in the future, it's probably not a conflict of interest.

[Charlie S.]

Gentlemen,
Thank you very much for your responses.I must inform you that the law firm has just removed itself from the lawsuit....but please be looking for me again as there are other issues arising ! Again thank you very ,very much!

[Charlie S.]

In the aforementioned lawsuit there are seven heirs to the estate of my sister...there is my mother,three of my siblings, myself and two nieces(daughters of my deceased sister). Both nieces were elected by the rest of the heirs to serve as co-executors of the estate.One niece,"Sue" completely failed her obligations to the rest of us by never once contacting any heirs since the lawfirm was obtained for councel in 2/06.The other niece " Betty" has done an exceptional job.Due to failing to be involved (other than the willingness to sell my family out for mere pocket change)all heirs agreed that it would be in our best interest if "Sue" was removed as a co-executor.After Many times of demanding that the lawyer take the necessary steps to do so ,we were advised by him that he could not have "Sue "removed because of "law ethics".Was he obligated to the estate to take action in having her removed?He did ask her to remove herself but she said it would take a court order..How much power does the attorney have in this matter? how much power does the parties in the estate have?