Opinions of the General Counsel, 0515 ALBJ, 76 The Alabama Lawyer 196 (2015)
| Author | J. Anthony McLain, J. |
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\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Lawyer Should Not Undertake Representation of Client in Matter Adverse To Former Client which Matter Is Substantially Related to Prior Representation and Where Lawyer Gained Confidential Information which May Be Used to Detriment of Former Client
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0QUESTION:
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0"Several years ago I talked to a person that I will refer to hereinafter as Ms. X. This relationship resulted in Ms. X's hiring me for the purpose of protecting her interest in an estate matter ongoing in another county. This matter concerned a disagreement that she was having with her brothers, sisters, etc. relative to the disposition of estate property Ultimately, I was assisted by another attorney in the county where the estate property was located and the matter was resolved. I would estimate that my last contact with Ms. X relative to the estate or any other matter was approximately three years ago. At that point in time I not only conferred with Ms. X but also her husband. At no time on that occasion were any matters of a domestic nature discussed concerning Ms. X and her husband.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0"Perhaps 18 months ago Ms. X contacted my office by telephone and requested to see me relative to a domestic matter. I refused to see her and instructed my secretary that I would not be interested in representing her in any other matters. No information on that occasion was received from Ms. X relative to any domestic entanglements.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0"Several months ago or fall 1989, Ms. X filed a bill of complaint for divorce against her husband. Ms. X is being represented in this matter by an Anytown attorney. Ms. X's husband contacted me and retained me to defend this case. I have been doing so for the last several months. In the fact that I have never discussed with Ms. X any domestic matters and in the fact that I was not representing her currently on any other matters and had not for several years, I saw no problem in undertaking to represent her husband. As of late, a motion to recuse has been filed by Ms. X's attorney of which a copy I enclose for your inspection. She alleges in this petition that I have gained information from formerly representing her estate matters that can be...
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