But given that there is no pending litigation between a Crump client and Zimmerman, Crump cannnot claim to be opposing counsel.
The claim that he might or might not file such a lawsuit sometime in the future and use that as the reason that he is opposing counsel is so ludicrous that no judge in her right mind would fall for it.
So this judge probably will.
The question most juicy to find out is whether the Martin family had an attorney at their depositions.
If Crump thinks that he is the opposing counsel then he should have been there.
If he knew that he had a conflict of interest then he would stay away.
If he can’t tell the difference then he is in trouble.
No matter what he decided to do he is in trouble.