Ethics Forum: Questions and Answers on Professional Responsibility
A friend of mine referred me a personal injury case that he already filed a lawsuit on. There is a question of whether there is a statute of limitations issue due to service or lack of service, and there are also some problems with what was filed. I want to take the case to see if I can help him, and also get the client a recovery. What obligations do I have, if any, concerning the first lawyer?
August 05, 2021 at 12:25 PM
10 minute read
Ethics
The guiding principle is what is best for the client, not what is best for the referring lawyer.
A friend of mine referred me a personal injury case that he already filed a lawsuit on. There is a question of whether there is a statute of limitations issue due to service or lack of service, and there are also some problems with what was filed. I want to take the case to see if I can help him, and also get the client a recovery. What obligations do I have, if any, concerning the first lawyer?
Samuel C. Stretton.
The question is an interesting and difficult one. No one wants to create problems for a lawyer who has referred a case, and a lawyer who they know. On the other hand, the duty is to the client if the lawyer accepts the case. Floating in the background is the mandatory reporting requirement of the lawyer if the lawyer's misconduct goes to the lawyer's honesty, trustworthiness or fitness to practice under Rules of Professional Conduct Rule 8.3.
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