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Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46233
Experience:  24 years experience. Admitted in New South Wales and the UK.
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Hi There ma question is: can a claimant lawyer give advise

This answer was rated:

Hi There
ma question is:
can a claimant lawyer give advise to the 2nd defendant lawyer against the 1st defendant?
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Lawyers can talk to each other and discuss the case this is not an issue.
A lawyer though cannot advise their client and the other party on the inter side. They have a conflict of interest.
Because the second defendant has a lawyer they are represented and this is ok
I hope this makes sense and is of assistance.
Customer: replied 3 years ago.

I have a pleading in court this morning Can I ask to file a conflit of interest agains the claimant lawyer?

Good Morning
Are you the second defendant?
If you are and the Solicitors are not acting for you as well then you cannot claim a conflict of interest.
Only the parties that have the same solicitor acting for them can claim a conflict of interest
Customer: replied 3 years ago.

I am the 1st defendant and the claimant layer as advise the 2nd defendant.

Good Morning
If your lawyer is also advising the second defendant and you are also against the second defendant then there could be conflict of interest.
Your lawyer has to then resign and not act for either of you.
You and the second defendant then have to get new lawyers. Once for each of you.
I hope this makes sense?
Customer: replied 3 years ago.

Sorry but this does not respond exactly to my question

I receive last night the prove that the claimant lawyer advice the second defendant lawyer again me as a 1st defendant I am in court this morning and I would like to know if by the claimant lawyer give advises to the 2nd defendant lawyer how to proceed in the case and smutch the 1st defendant for the claimant to win the case

Good Morning
You cannot claim conflict of interest in that case.
Only if your lawyer is advising another party can you claim a conflict of interest.
Do you have your own lawyer or are you self represented?
Customer: replied 3 years ago.

I do have my own lawyer what can I ask him to do

so if I do understaind tha a claimant lawyer can give advises to the 2nd fendant lawyer how to smutch the 1st defendant is it right?

Good Morning
You have representation and his job is to do the best for you.
Yes that is correct.
If the claimant or the second defendant feel that they are not being looked after because their solicitors are sharing information they can claim a conflict of interest and their solicitors have to stop acting for each of them and they have to get new lawyers.
I would think the claimant should be concerned because they sued you and the second defend net and their lawyer is not helping a defendant which would be against the defendants wishes.
But you cannot do anything about this.
I hope this is clearer.
Customer: replied 3 years ago.

Am not talking about defendant and claimant am talking about they respective lawyers

claimant and 2nd defendant lawyer agreeing each other how to get read of the 1st defendant

Good Morning
I understand what you are saying
If the claimant feels his lawyer is not looking after him, and the defendant feels his lawyer is not looking after him because they are talking, they can claim a conflict of interest and their lawyers have to stop acting for them.
I hope this makes is clearer.
You cannot make any complaint about them talking.
Customer: replied 3 years ago.


Thanks all good services

Good Morning Joseph
Good luck with your hearing
You are very welcome and thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Leon and other Australia Law Specialists are ready to help you
Customer: replied 3 years ago.

all was good in court this morning

I do nee to know that I did get authorize to log a counterclaim for compensation could you tell me on what should I make it

I do explain more:

I had a lease for land registered by the government Land department and the government agreed that they have made a mistake to register so they decide to reinstate le lease to the previous Lessee because they decide to mot defend they case so they did admit that they were wrong by cancelling the previous lease so the government did admit that by cancelling the previous it was a mistake so giving me a lease on the mistake cancellation it became a mistake by registering my lease now I have to file a counter claim against the government so I my allowed to compensation on market sale value or only at the cost value

Good Afternoon
Great news
You will have to open a new question for this as it is new
Customer: replied 3 years ago.

do I have to star all like this morning?

because it take time and I need to go soon

Hi Joseph
I am not sure
We can continue here but you have to agree to rate my work again and it will mean you will pay again
What are you claiming compensation for?
Did you discuss this with your lawyer?
Customer: replied 3 years ago.

sorry I will recall you again later

Ok Joseph
Customer: replied 3 years ago.

Hi Leon

all fine the I have lost my registered lease, Judge allowed me to file a count claim again the 2nd defendant for compensation I will call you later but on the main time if you could help by givin me the web site for me to found on what low I can file my claim I will appreciate Thanks anyway

Best Regards

Good Morning
Can I please ask you open a new question or you consider re-rating my additional work as I am only paid when you click on the positive rating.
Good luck I look forward to hearing from you.
Leon and other Australia Law Specialists are ready to help you