2:59 p.m. - January 03, 2003
A quandary because legally, I'm in no-man's land. Technically, I'm vouchsafed under cloak of privilege but for both parties? Ethically this is a gray area and it behooves me to recuse myself but doing so would be injurious to each person's claim because I would have to state explicitly to the lawyers why I'm requesting recusation and theoretically could jeopardize each X's claims. The worst part of it is that if I am recused I could be compelled to testify since the cloak of privilege would be terminated; so do I stay or go? The agency is unsure, I'm unsure and feel awkward. I'm trying to figure this one out and will have to consult with an impartial lawyer; if I had known I would be with Mr. X today I would have been obligated to refuse but in (sticky) legal cases names cannot be divulged and imagine my shock? surprise? unease? when Mr. X walked in; antecedent to Mr. X is that the agency for whom I work would not know I had also worked with Mrs. X because again, cloak of privilege and I cannot say Yeah, I worked with her there; as to the origin of being His and Her towel is that Mr. X requested my services via his lawyer and so the agency had no knowledge of the actual intended client and even if so, would not foresee a conflict of interest because the agency wouldn't know I worked with Mrs. X because they don't know who I see and whom I work for in that capacity, also under cloak of confidentiality. So everybody is in the dark but me and there are potential legal ramifications - and I don't know what to do.
I need a quick way out through which neither realizes I was party to the party, my professional reputation isn't muddied, and my impartiality unquestioned. Professionally, I need to get my ass out from under the X's without harming either.
Some days I hate my job.