QUESTION

Can a lawyer represent someone if consulted by the other party prior to current events?

Asked on Jun 16th, 2025 on Divorce - Alabama
More details to this question:
I spoke to and paid a lawyer regarding a situation with my spouse and now he is representing my spouse in protection order I have placed and divorce proceedings. Can he represent any party involve other than myself? I currently have a different attorney.
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1 ANSWER

Criminal Law Attorney serving Durham, NC
3 Awards
That is a big no-no on the part of the attorney.  Attorneys are supposed to perform conflict checks before consulting with potential clients, and if they had, it would have shown that he talked with you about it already.  Representing her on the same or similar matter that you consulted him about is a violation of the Rules of Professional Conduct.  You should talk with your attorney about advising the other attorney that he needs to withdraw from representing your spouse, and if not, them you may want report him to your state bar.   In fact, you may want to report him whether he withdraws or not.  If he is not performing conflict checks before taking on new clients, you might be doing future potential clients a favor by making sure he is re-educated on that requirement.  Talk to your attorney about it.  
Answered on Jul 01st, 2025 at 3:23 PM

Kathy Richardson Richardson Law Firm, PLLC 2310 S. Miami Blvd, Ste 134 Durham, NC 27703 919-680-2300

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