Can a lawyer who represented a husband and wife on seperate issues now represent either one for a divorce against each other?
2007-01-26 05:40:02 · 5 answers · asked by garret1969 1 in Politics & Government ➔ Law & Ethics
My wife had worked for him many years ago for the lawyer and helped her on some small legal stuff. The lawyer just recently represented me for getting sole custody of my children from a previous marriage. Now she is wanting him to represent her in our divorce
2007-01-26 05:59:24 · update #1
My background is California, but I would imagine the ethical rules are about the same everywhere. You are a former client of the attorney. There are two things an attorney cannot do regarding a former client:
1. Take a position adverse to that client in the subject matter of the former representation. If there is any issue in the divorce regarding the custody of the children involved in the previous matter, there would be a conflict if the attorney took a position adverse to you concerning that issue.
2. Use, or appear to be using, the confidences of the former client. Frankly, I think application of this rule would make it very difficult for the attorney to act against you in a divorce action. The attorney clearly is privy to confidential communications from you regarding your domestic situation, which will certainly be at issue in the litigation.
Talk to your attorney. There may be reasons you do not want to raise this issue, or that you would agree to waive any conflict which might exist. For my own part, I would be very reluctant to represent either of you in an action against the other.
2007-01-26 06:50:08 · answer #1 · answered by Anonymous · 0⤊ 0⤋
From the little info provided, there is no conflict of interest. The fact that the lawyer represented you both in a previous action(s) does not create a conflict (in itself). Now if he/she has some interest or involvement in your relationship (had an affair with one of the parties, etc.), then there would be an issue.
2007-01-26 05:52:56 · answer #2 · answered by Lee W. 5 · 0⤊ 0⤋
Depends (classic lawyer answer...). What were the separate issues handled previously by the lawyer? The safest bet is to get consent for representation from the other party.
2007-01-26 05:50:30 · answer #3 · answered by JReid 1 · 0⤊ 0⤋
Yes, that is a clear conflict. He cannot represent your wife, unless you waive the conflict. Which you obviously won't. You have told him information in confidence, with regards to your ex-wife, which your current wife may be able to use against you in this current divorce. So he can't represent her.
2007-01-26 06:33:40 · answer #4 · answered by Anonymous · 0⤊ 0⤋
They shouldn't, but since when has a lawyer ever respected the law? I bet the lawyer golfs with the judge too.
2007-01-26 05:54:37 · answer #5 · answered by Colt Seavers 3 · 0⤊ 1⤋