Questions tagged [conflict-of-interest]

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Can an attorney represent a client against a previous client?

Can an attorney represent a client against a previous client, without notification to the previous client? If No, will case be thrown out upon being made known to the Court or must case be appealed on ...
Chuck Turnher's user avatar
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2 answers
130 views

Conflicts of Interest Dilemma in the US

Generally speaking, does conflict of interests apply when a plaintiff wants to employ the same lawyer the defendant had employed in the past to sue the same defendant (e.g. B employs the lawyer who ...
HelloDarkWorld's user avatar
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USA Employment Law: Job Search with Moonlighting

I am a Software Developer contractor but I also want to have my own side-hustle business. This side hustle business might contain programming, research or developing new software products. However, it ...
jbdundas's user avatar
-1 votes
1 answer
61 views

Statement of Economic Interests for website [closed]

I have purchased a Domain name and am planning to build a website for the domain name. I have not published a website yet. I have not received any funds for building the website or business. I also ...
Shane S's user avatar
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Purpose of Judiciary- Justice or well-being of people? [closed]

The situation described below is purely hypothetical created by me for the sake of question. Suppose in a democratic country there exist more than one community on the basis of religion, caste, etc ...
An_Elephant's user avatar
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2 answers
109 views

How do lawyers unofficially and perhaps somewhat surreptitiously influence the content of laws and rules of proceure?

Justice John F. Molloy of Arizona wrote a book titled The Fraternity: Lawyers and Judges in Collusion that was published in 2004. Among things alleged in that book are that lawyers, in part because of ...
Michael Hardy's user avatar
17 votes
1 answer
3k views

Is there precedent for Supreme Court justices recusing themselves from cases when they have strong ties to groups with strong opinions on the case?

According to this article in Newsweek, people are calling for Amy Coney Barrett to recuse herself from the 303 Creative LLC v. Elenis case because she has strong ties to anti-gay Christian groups. ...
T Hummus's user avatar
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17 votes
2 answers
5k views

Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?

As of Oct 21, 2022, the January 6 Committee has issued a subpoena to former president Trump, setting up the potential for a case against Trump to end up in front of the Supreme Court. I spent awhile ...
TheEnvironmentalist's user avatar
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2 answers
136 views

Can a supreme court justice argue before the supreme court?

Meet Bob. Bob is a supreme court justice and has a hobby of engaging in private, noncommercial, and legally questionable activities. As a result of those activities, Alice is now suing Bob in his ...
Aiden4's user avatar
  • 279
2 votes
1 answer
96 views

Potential jurors in a state election fraud scheme-conflict of interest?

Obviously this question was inspired by recent events in the United States, specifically the state of Georgia. It applies more generally though to any such case. I thought that in order to be a ...
Alan's user avatar
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-4 votes
1 answer
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Banned from the only store around [closed]

I was involved in a self-defense shooting where I was in the right it did not happen on the store property for some reason I'm not allowed in the store anymore and it's the only one around I didn't do ...
Michael  Gall's user avatar
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Is the right to effective assistance of counsel an inherent right or a privilege

Effective assistance of counsel is a right provided by the 6th amendment. A conflict free counsel is paramount in receiving effective assistance. Can a statute/law deny one a conflict free counsel? Of ...
Brother Al's user avatar
7 votes
3 answers
4k views

Can the right to self-represent be waived due to conflict of interest?

If a plaintiff and defendant have a personal connection, and one (or both) of them represents themselves, won't that pose a conflict of interest between the councillor(s) and the opposing side(s)?
user110391's user avatar
4 votes
1 answer
365 views

What would happen if a case before the Supreme Court court involved a conflict of interest for all justices?

I realize this might be a silly scenario, but suppose that nine of the storage units in the Wooden v. United States case had been rented by Supreme Court justices. Then all of the justices might have ...
adam.baker's user avatar
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Can a patent lawyer hold a patent or is that a conflict of interest?

Is there a law that prevents a patent lawyer from using his position to modify failed patents he hears about and create a successful patents for himself? I can see that being a conflict of interest.
greyyit's user avatar
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Why do solicitor advice procedure regulations require collection of landlord details at client intake when solicitors advise on tenancy issues?

I've been informed by a law firm that they are required by national regulations of the solicitors' authority to collect a landlord's name and address (not the address of the property in question, but ...
Dmitri's user avatar
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1 answer
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Does a landlord have an obligation to enforce its noise rules?

Does a landlord have an obligation to tenants to enforce the rules in an apartment lease regarding noise complaints against another tenant, including following through with their "violations of ...
LegalDisciple's user avatar
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1 answer
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Reasonable amount of time to assume terms are agreed (UK/England)

Bit of background on this question; A group raised a conflict of interest dispute against our group - we immediately took necessary steps to remedy this action. We let them know within a day that we ...
Ldweller's user avatar
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1 vote
2 answers
245 views

Can a lawyer use privileged information to collect fees from a client?

Suppose that: A client is in debt to an attorney for legal services. That attorney learns, in the necessary and proper course of representing the client, that the client is receiving some payments. ...
J. Win.'s user avatar
  • 339
2 votes
1 answer
155 views

Would judges need to recuse themselves if they own shares of index funds?

I understand that there is some requirement or expectation for judges to recuse themselves from cases where they would have a financial interest in the outcome. Index funds were said to represent ~20% ...
adam.baker's user avatar
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Can Giuliani represent Trump in an impeachment trial?

Link. President Donald Trump's personal attorney Rudy Giuliani tells ABC News he's working as part of the president's defense team in his upcoming second impeachment trial -- and that he's prepared ...
Pete's user avatar
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1 vote
1 answer
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Laws About Contributions from Business You Own to 501c(3) You Founded/Work At

I have a US LLC I own, and am interested in beginning a charitable non-profit organization, to operate as a 501 3 (c) that would operate in a tangentially related area. When there is similar overlap ...
Skyler's user avatar
  • 163
0 votes
1 answer
189 views

Barring a Vote due to conflict of interest

Florida HOAs are governed by FS718.3027 Conflict interest criteria. "Litmus" test comprise (are not necessarily limited to): (a) A director or an officer, or a relative of a director or an ...
gatorback's user avatar
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4 votes
2 answers
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Can I initiate a civil lawsuit in order to get the answer to a legal hypothetical?

Suppose that I and a friend of mine are interested in resolving a particular legal hypothetical within the realm of civil law. The exact details are not important here, but no party of the ...
Danya02's user avatar
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0 votes
2 answers
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How can the following conflict of interest situation be dealt with?

A, an individual, sues a large corporation, X. The action is acrimonious and goes on for several years. A junior associate at A's law firm leaves the firm and goes to work for the law department of ...
Libra's user avatar
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0 votes
4 answers
260 views

Do lawyers advise not to pursue legal action?

If a person is thinking of taking legal action, if they consult with a lawyer do lawyers ever advise "your chances of winning are so low you shouldn't bother pursuing this"? On one hand it ...
oneonetwothree's user avatar
6 votes
6 answers
2k views

How can we resolve a bet on a question of law?

Bob and Rob debate a question of law and do not agree. There isn't any material dispute between them to go to court about. They just want to find out what the legal truth is / who is right and who is ...
Greendrake's user avatar
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5 votes
1 answer
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Is the vice-president an employee for the purpose of 5 CFR §2635.502?

It's been suggested on politcs.SE (but the question was closed as off-topic there) that a US vice-president needs to comply with 5 CFR §2635.502 which sets stricter standards for conflicts of interest ...
the gods from engineering's user avatar
0 votes
3 answers
130 views

Is Medium at risk of legal action?

Medium is sort of a content facilitator that charges its users for premium content and passes on part of that fee to authors, when the reader interacts with their work. However, over recent months, ...
Daniel Goldman's user avatar
0 votes
0 answers
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Florida HOA Director Conflict of interest?

A board director performs paid work (jobs) for a service provider (Community Association Manager). Is this a conflict of interest per Florida Statutes 718? If not, is it somehow a COI under other ...
gatorback's user avatar
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4 votes
1 answer
156 views

Do threats against an attorney constitue a conflict of interest?

When an attorney is considering handling a case, and receives off-the-record threats against his(/her) life, property, family, professional future, etc., is it ethical for the attorney to simply tell ...
WBT's user avatar
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2 votes
1 answer
198 views

Under what circumstances is a lawyer permitted to draft documents "friendly" to the other side?

There are typically two parties on any contract, call them buyer and seller. Contracts can be drafted that are neutral, or they could be friendly to either the buyer or the seller. I can see a case ...
Libra's user avatar
  • 6,458
0 votes
1 answer
189 views

Is an adult child representing one of their parents in a divorce case a conflict of interest?

I couldn’t find the answer to this question anywhere, so I thought the experts here will be able to address this. In a divorce/family law case, can a son who is a lawyer defend one parent against ...
Dr. Ikjyot Singh Kohli's user avatar
1 vote
0 answers
89 views

Can a Recruitment Officer be sued for working for another company of the same industry as his former one?

Setting: Republic of the Philippines (however, international views are also welcome). Let's consider my friend as an example, and let's refer to his former employer as "Old Company" and his new ...
ITWitch's user avatar
  • 111
3 votes
1 answer
108 views

How does a paid endorser avoid conflicts of interest?

Suppose you are a blogger and you write about the products and services of Company X. You are being paid by Company X to do this. How do you avoid conflicts of interest in the process? I would ...
Libra's user avatar
  • 6,458