More details to this question:
I went to see a same lawyer for (free) consultation twice. Found out my ex to be went to see the same lawyer when I tried to go see the same lawyer again in purpose of hiring him. But they refused to see me again due to the "conflict of Interest" since he saw them. After they checking the record, they said they cannot represent neither of us. Yet, a year later, they are representing him. This should not be, right? What kind of action can I take?
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Family Law Attorney serving Suisun City, CA
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Law Offices of Russo & Prince
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You are correct. A lawyer is not permitted to represent or counsel two parties who are adverse to one another in the same or similar actions. I am presuming that you formed a legal relationship of trust and confidence with this attorney when you consulted with him and shared with him personal and private information concerning your case and your intentions in relation to the litigation. That attorney-client relationship was violated when he agreed to represent your ex. You have not agreed to waive the conflict of interest that arose when he met with you. You may file a request for order seeking that this attorney be disqualified from representation of your ex and to be precluded from sharing any confidential information from your consultation appointments with your ex or his new counsel. You may also report him to the California State Bar for ethical violations if you feel that is warranted based on the circumstances.
Answered on Jan 25th, 2016 at 12:59 PM