Homeowner questions role of former lawyer

Q:

Several years ago we hired a lawyer to draft a lease agreement for us to use for an apartment building that we own.

Now that same lawyer is representing one of our tenants who claims we discriminated against him. Isn’t this a conflict of interest?

Or at the very least, unethical on the part of the lawyer who once worked for us and is now threatening to sue us? I thought lawyers couldn’t go against former clients.

A:

I think many people believe their lawyer will be on their side forever, no matter what the future issue may be. Not so.

In fact, the general rule of thumb is that a lawyer may not take a position that would be in opposition to his/her prior work, not necessarily in opposition to prior clients.

For example, let’s say one of your current tenants claims that a clause in a lease prepared by your lawyer is illegal. The tenant decides to sue you and hires your former lawyer to represent him.

The lawyer would be ethically bound to turn the case down because it is attacking the very lease the lawyer prepared for you – a former client.

You did not say what the nature of the current dispute is except that it involves some sort of discrimination. It could have nothing to do with the lease.

For example, the complaint might involve some alleged statements or actions by you or your employees, not the lease itself.

In that case, your former lawyer would have every right to represent the tenant.

But if the claim does indeed stem from a clause in the lease, then you do have every right to object to your former lawyer being involved on the opposite side.

For example, let’s say your lease contains a clause requiring tenants with disabilities to pay for certain modifications to the apartment, and that clause is now the basis of the suit.

Then your former lawyer should excuse himself because he would be attacking his former work.