Thursday, June 19, 2014

In an Unlimited Civil case, can Defendant's attorney of record make a special appearance for an in pro per plaintiff, of the same case, if P...

Question

In an Unlimited Civil case, can Defendant's attorney of record make a special appearance for an in pro per plaintiff, of the same case, if Plaintiff is unable to appear?



Answer

Absolutely not, but the attorney can represent what the Plaintiff told him and any agreement they made on appearance.



Answer

That sounds inappropriate. That would mean one attorney is handling both side of the litigation, which is a clear cut conflict of interest. I've only seen such an unethical thing happened once, and the attorney who did was made a city attorney.



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