My ex wife approached my lawyer for advice she planned to use against me. She used that information to file a law suit. Although my lawyer said he could not represent her, he gave her advice on how to file motions against me and web sites to do the job, or hire another lawyer. Is this a conflict of interest and if it is, what do I do?
2006-10-23 02:53:52 · 11 answers · asked by Alan G 1 in Politics & Government ➔ Law & Ethics
I asked my lawyer about this and he deny's saying anything to my ex but to get another lawyer. My ex says my lawyer gave her the advice to look on the web and where to look. When we get to court for the hearing and I ask her where she got the knowhow to take me to court, and she says my lawyer gave her the info, is that enough evidence to pursue my atty for his conflict of interest?
2006-10-23 07:57:16 · update #1
It is a violation of professional ethics to do anything other then tell her to hire a lawyer - he is supposed to be YOUR advocate
you can either confront your lawyer about it, change lawyers or report him to your State Bar Association
2006-10-23 02:57:53 · answer #1 · answered by BigD 6 · 1⤊ 0⤋
From what you have stated, probably not. As always, the details would provide a more complete picture (here is not the place to discuss them though). If your lawyer was just directing her to sources to locate a lawyer or "do-it-yourself" web sites, then no, that would not be a conflict of interest.
On the other hand, if your lawyer is disclosing confidential information that you have disclosed to him or is providing your ex with any sort of legal strategy - then YES, it would be a conflict of interest. You would want to get a new lawyer, and depending on the circumstances, file a grievance against him/her.
Additionally, if your ex disclosed information to your lawyer, thinking that there was an attorney-client relationship - that will be a whole other set of problems. If your attorney was clear that he/she could not represent your ex, then your ex may have damaged herself by disclosing information helpful to you.
2006-10-23 03:04:24 · answer #2 · answered by Chris 2 · 0⤊ 0⤋
Yes this is a huge conflict of intrest. I have done part time work for a lawyer. My ex tried to do the same thing. Fortunatally, my lawyer said what he meant, conflict of interest, good bye. Since your lawyer gave advise, if you've got proof that the advise came from him/her, you can persue a civil suite. Be careful, it is hard to sue a lawyer and win. You must have compelling proof, no doubt to the judge that this was done.
You generally can go to the pros. atty of your county, give the proof and allow him/her to follow through. Hope this helps.
2006-10-23 05:39:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If he was already representing you, he should never have met with her. If you already paid your retainer, or if he has been your attorney for a long time already, then it sounds like a conflict. You would report his actions to your State Bar Association. Of course, you will also be firing your attorney. If you're in the middle of a marriage dissolution and he's doing a good job for you, you may want to think about waiting until your work with your attorney is finished before reporting him.
2006-10-23 03:03:01 · answer #4 · answered by Mrs. Strain 5 · 0⤊ 0⤋
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2015-01-28 12:37:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
When I approached my divorce attorney and gave him my name - they went into panic mode claiming they could not help me or give me advice because they believed they were representing my wife (now my ex).
Turned out to be a case of mistaken identity. As odds would have it - there was another couple with the exact same first name and last names as me and my wife!!! So they handled my case.
The bottom line is - they would not even speak any legal talk until they got to the bottom of who's who. I would think your attorney should not have given her advice other than "find another attorney".
2006-10-23 03:13:02 · answer #6 · answered by Victor ious 6 · 1⤊ 0⤋
It a conflict of interest in the state of Tennessee.I would assume it would be in other states,as well.Especially since the advice was to file a lawsuit against you.I have been through this and any attorney who is hired by you IS NOT allowed to give advice to the other party in which they are hired to be against in whatever action you have going with him involved without your permission.
2006-10-23 03:02:41 · answer #7 · answered by pamspinkhouse 1 · 2⤊ 0⤋
UH...yeah, it's a conflict of interest. Especially if he gave her confidential information. Report him; he can lose his license. And definitely get a new lawyer.
2006-10-23 03:00:04 · answer #8 · answered by Lynda M ♥ 3 · 1⤊ 0⤋
It may sound unethical, but once you divorce was done, he can give her advice, but not represent her if you have him on retainer. He can steer her to another lawyer, even within the same firm.
2006-10-23 03:07:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It does not appear that your attorney did or said anything inappropriate or unethical, but rather simply advised her regarding general law and motions issues and how to find another attorney.
2006-10-23 03:00:28 · answer #10 · answered by Disgruntled 2 · 0⤊ 0⤋