QUESTION
Is it a conflict of interest if the lawyer who draw up the legal paperwork in our mobile home purchase is representing my ex in our custody case??
Asked on Apr 30th, 2013 on Child Custody - Missouri
More details to this question:
In 2003 my ex and I purchased a mobile home through private sale. The lawyer that the seller used to draw up the legal paperwork is representing my ex in our child custody case.
6 ANSWERS
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Unlikely and the objection to the conflict would be the sellers not yours.
Answered on May 07th, 2013 at 1:50 PM
It could be a conflict of interest if the attorney learned anything in the prior representation that would be detrimental to you in the custody proceeding. You can contact the Office of Professional Conduct at the Utah State Bar for guidance in matters involving conflicts of interest. You can also raise the possible conflict with attorney and they might choose not to represent the other side. The passage of time since the first interaction with the attorney (10 years) probably argues against their being any detriment to you in a case involving custody of children.
Answered on May 07th, 2013 at 1:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Sounds not, he represented the seller and not either of you.
Answered on May 06th, 2013 at 10:14 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It doesn't sound like a conflict. The lawyer did not represent either one of you in the transaction and it is doubtful that whatever he or she may have learned 10 years ago has any importance in the divorce now.
Answered on May 06th, 2013 at 10:14 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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There is absolutely a conflict of interest. Write the lawyer a letter citing your objection, and/or file an objection with the court. She will obtain a new lawyer.
Answered on May 06th, 2013 at 10:11 PM
You should speak with your attorney that is handling your side of the child custody case about possibly filing a motion to disqualify that another attorney from representing your ex-wife. If you are not represented in the child custody case, you need to hire an attorney ASAP.
Answered on May 06th, 2013 at 9:43 PM