QUESTION
Can an attorney I talked to for advice represent my ex in a divorce?
Asked on Nov 29th, 2011 on Child Custody - Colorado
More details to this question:
Can an attorney or firm I paid for advice but not representation later represent my ex in post divorce filings?
14 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
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No.
Answered on May 31st, 2013 at 12:40 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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They should not represent the ex-wife if they gained any information from you that would be of a benefit to your ex-wife.
Answered on Dec 12th, 2011 at 9:45 AM
Probably not. Once you paid them for advise, various rules apply regarding conflicts and representation. So, they are probably barred from representing the other side now.
Answered on Dec 03rd, 2011 at 12:56 AM
Only if you waive a conflict of interest.
Answered on Dec 03rd, 2011 at 12:40 AM
Steven D. Dunnings
There does exist a potential conflict of interest claim.
Answered on Dec 02nd, 2011 at 10:18 AM
Glen Edward Ashman
Possibly depending on details you did not give us.
Answered on Dec 02nd, 2011 at 9:32 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No, that is a conflict of interest. If that has occurred, it needs to be pointed out to the attorney (it could just be an oversight) and that attorney should voluntarily withdraw. If they don't, then you should file a motion to remove the attorney due to the conflict of interest. Alternatively, you can give your consent in writing to the attorney continuing as your ex's attorney.
Answered on Dec 02nd, 2011 at 8:15 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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It sounds like a conflict of interest to me. No, I do not think they should.
Answered on Dec 02nd, 2011 at 8:13 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes, unless the issues you spoke to the attorney about related to your divorce issues.
Answered on Dec 02nd, 2011 at 8:12 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Probably not; but it depends what that attorney represented you on. Call the Washington State Bar Association.
Answered on Dec 02nd, 2011 at 8:07 AM
1 Award
They should not be allowed to work against you. You can file a motion to relieve them as counsel.
Answered on Dec 01st, 2011 at 10:45 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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No. It is a Conflict of Interest and violates the Rules of Professional Conduct. You should object to the attorney/firm. If they do not withdraw, file an objection with the court and request to have them removed from the case.
Answered on Dec 01st, 2011 at 8:50 PM
Technically, yes. Morally and ethically, No. It really depends on how much information that attorney has about you and whether he/she knows there is a potential conflict of interest.
Answered on Dec 01st, 2011 at 8:50 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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That depends on exactly what was involved in your talking to him; it may or may not be ethically bad. But, most attorneys won't do it because they don't want to get into defending themselves. If you discussed anything with him that was confidential, he probably should not be considering representing your husband.
Answered on Dec 01st, 2011 at 8:38 PM