My first daughter just divorced 4 months ago now the same lawyer she used is representing the husband of my other daughter in their divorce which is being contested for child custody but i believe this should not be, because the lawyer knows things from our family from my first daughters recent divorce that may have to come out in this child custody case for this daughter to get custody of her child. BOTH LAWYERS HAVE ALREADY STARTED PREPARING FOR THIS CASE.
2007-03-15 03:19:39 · 9 answers · asked by deejo 1 in Family & Relationships ➔ Marriage & Divorce
First of all your daughter should talk to her attorney and let him know she feels there is a conflict of intrest hereand see what he says. I do believe that if there is a conflict of intrest he can not represent him. But what is in your families background should not have anything to do with the custody of the children.Only what has happened in their marriage should be considered.As the saying goes i am not my brothers keeper.Only what involves the two of them.Otherwise alot of people would not get their children because of something that happened in their family outside the marriage, Unless there has been something to do with children such as sexual abuse in the family or abuse by a family member to their children. But i would definatly talk to my attorney and let him know my fears and why i am worried about it and be open and honest with him.
2007-03-15 03:36:33 · answer #1 · answered by curious 5 · 0⤊ 0⤋
The lawyer is legally obligated to refuse a case if there is conflicting interest. i'm sure that would already have been considered and is not an issue here. YOu can press the point if you are worried, but this is the lawyer's membership with the bar on the line here and I doubt that'd be jeopardized for the sake of a custody case.
2007-03-15 03:36:01 · answer #2 · answered by chicchick 5 · 0⤊ 0⤋
I dont' see why not, there really isnt a conflict of interest here. Unless both families lived together under one roof, then it may get sticky but overall there is nothing that can be done in this type of situation. Maybe just tacky behavior on the lawyers part.
2007-03-15 03:23:07 · answer #3 · answered by kauai_lvr 2 · 0⤊ 0⤋
Yes its legal,unfortunate as it maybe. He can't bring the cases together to form ex-son-in-laws case though. He can't bring what he knows about family issues. He can't be The Attorney and The Witness...
2007-03-15 03:26:36 · answer #4 · answered by double_klicks 4 · 0⤊ 0⤋
yes, the lawyer make a living out of it, the more the better, they are always happy to see many stupid people marry and they wait at the sideline to go in for a kill.
2007-03-15 03:25:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it may be conflict of intrest. but they are supposed to remain professional and not discuss any info from a previous case that has nothing to do with the case he is now working on.
2007-03-15 03:23:51 · answer #6 · answered by Awesome Rockin Mom 7 · 0⤊ 0⤋
if your in doubt, or rather your daughter is, have her attorney question the new judge as to whether it is appropriate---he may recommend differently just based on the conflict of interest
2007-03-15 03:30:55 · answer #7 · answered by Mark N 2 · 0⤊ 0⤋
Legally I don't think it matters who his past clients were. Ask your lawyer though.
2007-03-15 03:23:48 · answer #8 · answered by kitkat 7 · 0⤊ 0⤋
Not a good idea.
2007-03-15 03:23:05 · answer #9 · answered by kenneth h 6 · 0⤊ 0⤋