Is Your Lawyer Two-Timing You or Conspiring with the Other Side? Probably Not.

Is your lawyer is two-timing you? Are they working for the other side instead of working for you? Does your lawyer care more about the opposing side’s case than about your case? Probably not.

Every state has a rule against conflicts of interests. It is against the rules of professional conduct for an attorney to side with the other side. It is simply not worth is for an attorney to risk professional sanctions that can go as far as taking away their license to practice law.

What you may be witnessing instead is your attorney trying to explain your case to you or trying to get you to settle your case. Just because you don’t agree with what your lawyer is saying doesn’t mean that they are two-timing you or are conspiring or is “in cahoots” with the other side.

Some lawyers promise too much and raise their client’s hopes up and then under-deliver on the result. That does not make them great lawyers. But it also does not mean that they are two-timing you. They may have been too optimistic in their pitch to you to retain them as their client. But they are unlikely to be conspiring against you with your adversary. It’s simply not worth it to them financially.

Is it possible that the attorney lied to you about the strength of your case just to get your money? It is possible. Or maybe they were just overly optimistic. Either way, it does not in any way mean that they are conspiring with the other side.

It is possible that your attorney is just incompetent or bad at their job. That is very unfortunate, but it’s not a conspiracy.

It is possible that you are so confident in your case and that you are right and the other side is wrong that you think that the only way you would lose is if your lawyer is betraying you and taking their side. The truth can be much more simple – your case may not be as good as you thought it is. People overestimate their chances of success in everything all the time. Every musician wants to be a rock star, every athlete wants to be in the major leagues, and we may dream about it and think that we deserve it, but it sometimes just does not happen.

The payoff of having a license to practice law can mean millions of dollars over a lifetime of an attorney. It is very unlikely that your adversary can provide the kind of compensation that would make it worthwhile for an attorney to take the risk of losing his license to practice law.

If you are not satisfied with your attorney and want to hire someone more competent, you can look into other lawyers and change your attorney at any time. Everyone deserves to have competent representation by an attorney and to have their day in court.

What the Rules of Professional Conduct Actually Require

The New York Rules of Professional Conduct, which govern lawyers practicing in this state, contain specific provisions on conflicts of interest:

• Rule 1.7 (Conflicts of Interest: Current Clients). A lawyer cannot represent a client if the representation will be adverse to another current client without informed consent in writing. A lawyer cannot represent both sides of a transaction or both sides of a dispute.
• Rule 1.9 (Duties to Former Clients). A lawyer cannot represent a new client whose interests are materially adverse to a former client in the same or a substantially related matter.
• Rule 1.6 (Confidentiality). Information learned from a client cannot be disclosed without the client's consent. This rule prevents a lawyer from sharing the client's strategy with the opposing side.
• Rule 1.8 (Specific Conflicts). Detailed rules on business transactions with clients, accepting things of value from third parties, sexual relations with clients, and other specific conflict situations.

Violations of these rules can result in disbarment, suspension, public censure, or private reprimand. The disciplinary process is real, and attorneys who violate the rules face career-ending consequences.

What Clients Sometimes Mistake for Conspiracy

Several lawyer behaviors that clients sometimes mistake for siding with the opposition:

Honest assessment of the case. Lawyers who give you a realistic view of your case — including its weaknesses — are doing their job. The lawyer who only tells you what you want to hear is the bigger risk to your interests, not the one who points out the difficult realities.

Settlement recommendations. When a lawyer recommends settling, it usually reflects a judgment that the certain outcome of a reasonable settlement is better than the uncertain outcome of trial. This is not betrayal; it is professional judgment.

Professional courtesy with opposing counsel. Lawyers who treat their opposing counsel respectfully are not consorting with the enemy. Professional courtesy facilitates the work; vendettas just slow everything down. Even lawyers who are zealously representing opposing clients can have cordial professional relationships.

Refusal to take aggressive positions. If your lawyer refuses to make an argument or take a position you want, it may be because the argument has no merit, would expose you to sanctions, or would violate ethical rules. The lawyer's refusal protects you, not the opponent.

Delayed responses. Lawyers handle many cases simultaneously. A delay in returning your call may reflect bandwidth issues, not loss of interest. Persistent communication problems are a separate concern that should be addressed directly.

Signs of Actual Lawyer Problems

Real problems with a lawyer are distinguishable from imagined conspiracies. Genuine concerns include:

• Missed deadlines. Filing deadlines, statute of limitations, court appearances — if your lawyer misses these, you have a real problem.
• Failure to communicate. Persistent failure to return calls, answer emails, or update you on case status is a problem worth addressing.
• Lack of preparation. If your lawyer is consistently unprepared for hearings or depositions, the case is suffering.
• Mishandling money. Issues with the trust account, missing settlement funds, or undocumented retainer use are serious problems.
• Substance abuse or impairment. Signs that the lawyer is functioning under impairment.
• Disclosed conflicts that were not addressed. If the lawyer has a connection to the opposing party that was not disclosed and resolved at the start.

These problems are real and serious. They are also distinguishable from the "lawyer is conspiring against me" theory. The actual problems show up in specific concrete failures, not in vague suspicions.

What to Do If You Suspect a Problem

If you have specific concerns about your lawyer, take systematic steps:

1. Document the specific issues. Write down what happened, when, and how it concerned you. Specifics matter; general feelings of dissatisfaction are harder to address.
2. Talk to the lawyer directly. Schedule a meeting to discuss your concerns. Often the issues clarify with direct conversation — misunderstandings get resolved, communications get reset, expectations get aligned.
3. Get a second opinion. Consult another lawyer about your case. The second opinion will tell you whether your concerns about case handling are well-founded.
4. Change lawyers if necessary. You have the right to change counsel at any time. The transition has costs (your new lawyer must come up to speed), but it is your decision to make.
5. File a grievance if appropriate. If the lawyer's conduct is actually unethical, the state's attorney discipline system will investigate.

The Reality of Litigation

Litigation is uncertain by nature. The opposing side has resources, lawyers, and arguments. Judges and juries are unpredictable. Outcomes that seem obvious in advance turn out differently in court. Cases that seem lost are sometimes won; cases that seem certain are sometimes lost.

When the result is disappointing, it is human to look for someone to blame. The opposing lawyer, the judge, your own lawyer — all become candidates for blame. The harder truth is often that the case was simply harder than expected, the evidence was weaker than it seemed, the law was less favorable than hoped, or any number of factors beyond anyone's control determined the result.

Choosing Your Lawyer Carefully Up Front

The best protection against later dissatisfaction is careful selection up front. When hiring counsel:

• Interview multiple lawyers before deciding.
• Ask specific questions about how they will handle your case.
• Discuss fees, billing, and what is included.
• Ask about communication expectations and response times.
• Check the lawyer's background, including any disciplinary history.
• Pay attention to whether the lawyer's assessment of your case is realistic or just what you want to hear.
• Trust your gut about whether you can work with this person.

A careful selection at the start prevents most of the issues that lead to suspicion and conflict later.