QUESTION
Is it conflict of interest if my wife choose a law firm we consulted before for a matter against me?
Asked on Apr 18th, 2013 on Divorce - California
More details to this question:
My ex wife has hired a law firm that she and I had consulted in the past about a criminal matter I was dealing with. She hired them for a matter against me. They are planning on using the information discussed during my consultation against me. I informed the law firm of the conflict of interest several times and they have chosen not to address the issue. They refuse to return my calls. I can't even talk to anyone about the conflict. What should I do?
6 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
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File a grievance against them to the North Carolina State Bar (contact info and instructions on filing a grievance can be found online). If the bar finds there is a conflict of interest they will take appropriate action.
Answered on Apr 22nd, 2013 at 7:57 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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You can move to disqualify the spouse's law firm based on conflict of interest. The objection to their representing her would be strongest if you could demonstrate that they have used, or are intending to use, information gained while representing you against your interests. You can also file a complaint with the Office of Lawyer Regulation against the firm. But this would have to wait until they actually start formal representation.
Answered on Apr 22nd, 2013 at 7:38 PM
Family Law Attorney serving Los Angeles, CA
at
Law Offices of Rosaline L. Zukerman, APC
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Yes. It is definitely a conflict. Let the court know and move to have him removed from the case.
Answered on Apr 19th, 2013 at 2:42 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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You need to file a motion with the court to disqualify them. But of course, if you were using an attorney, he or she would have told you that. If you are going to be in the middle of a messy divorce, a good attorney will be your best weapon.
Answered on Apr 19th, 2013 at 2:42 PM
If the consultation gave them information that is pertinent to the dissolution then they can not represent her. Put that information in writing to them and if they do not withdraw you can raise the issue with the court and the state bar.
Answered on Apr 19th, 2013 at 2:41 PM
If things are as you say, it sounds like an absolute conflict of interest. I suggest you contact the California State Bar Association - Ethics division and make sure. Then, if the conflict is confirmed, send a letter to the attorney and request he decline representation of your wife based on the prior representation of you.
Answered on Apr 19th, 2013 at 2:41 PM