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Conflicts of interest
Contacting me is not the same as hiring me. Before
a lawyer can be hired, the lawyer and the client need to know whether
the lawyer has any relationships which could constitute conflicts
of interest, or which might require disclosure under codes of lawyer
conduct so as to avoid the appearance of impropriety. So, in your
e-mail, let me know:
Who are you? If a businesses are involved, what
are their names? Who owns them? What individual people's actions
got you where you are now? Who will be directly affected by the outcome?
Who are the main witnesses for each side? Generally, what kind
of problem or transaction is involved? For instance, 'it involves non
payment for work under a construction contract."
Do not tell me the specifics of the dispute or
transaction until I have determined whether I have any conflicts
of interest. Inquiring whether I am available as to represent
you as a lawyer is not a means to disqualify me from continuing to represent
my existing clients.
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An attorney client relationship only comes into existence upon a mutual
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after a face to face meeting. There may be reasons why an attorney
client relationship cannot be formed, such as, and without limitation,
lack of interest, cost, prior engagement, conflicts of interest, unfamiliarity
with legal fields or the subject matter. The outcome of every case
turns on its facts - which may be disputed, and the applicable law -
which may be disputed, which may differ from jurisdiction to jurisdiction,
and which may change.