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WI: Representation of victim and defendant in same case a conflict

By John Wesley Hall, Jr.

Representation of the victim and the defendant in the same subject matter results in a public reprimand. In the Matter of Disciplinary Proceedings Against Kostich, 2010 WI 136 (December 21, 2010): ¶15 Attorney Kostich contended that he did not represent G.K. Attorney Kostich noted that no retainer agreement was signed, no authorizations were signed at his office, no file was created on behalf of G.K., and no notes were taken during the initial meeting with G.K. ¶16 Whether an attorney-client relationship is created depends upon the intent of the parties and is a question of fact. See, e.g., Marten Transport, Ltd. v. Hartford Specialty Co., 194 Wis. 2d 1, 14, 533 N.W.2d 452 (1995). An attorney-client relationship is not formed simply because one of the parties knows that the other is an attorney...continue to full post

Full post as published by Law Of Criminal Defense on December 27, 2010 (boomark / email).