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To: Cboldt

Here’s another question:

If O’Mara advised the HOA to settle the civil lawsuit, is that a conflict of interest regarding his representation of Zimmerman???


125 posted on 04/06/2013 5:24:27 AM PDT by Uncle Chip
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To: Uncle Chip
-- If O'Mara advised the HOA to settle the civil lawsuit, is that a conflict of interest regarding his representation of Zimmerman? --

Assuming for the sake of argument that O'Mara is involved in making legal decision for the HOA, maybe, on a technicality, but I think no. While both cases have a nexus in the underlying event, the two defendants (HOA for civil damages and Zimmerman for a crime) have radically different basis for liability/guilt. Even if O'Mara represented Zimmerman in a civil case with the same underlying basis (death of Martin), he could advise a settlement in lieu of trial, and not be doing a disservice to his client.

From a wiki page (because it provides a reasonable simplification) ...

"A conflict of interest is a set of circumstances that creates a risk that professional judgment or actions regarding a primary interest will be unduly influenced by a secondary interest."
I see no conflict between the HOA interests and Zimmerman's interests. HOA liability stands independently from Zimmerman's criminal case, and the outcome of a civil case against the HOA has no bearing whatsoever on the outcome of the state's criminal charge against Zimmerman. Said another way, it is possible for Zimmerman to be found innocent, and the HOA to be found liable, because the duty of the HOA is different from Zimmerman's right to defend himself.
126 posted on 04/06/2013 5:38:31 AM PDT by Cboldt
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