QUESTION
Spouse retained an attorney in divorce in a firm I had already called. Is that allowed?
Asked on Jan 05th, 2021 on Family Law - New Jersey
More details to this question:
I am in middle of divorce and looking to change attorneys. Spouse needed to change her attorney too as her attorney got very ill. Her new attorney called my current attorney and then sent notice to court that he was the new attorney. After sending notice to court, he told my current attorney that there was a conflict of interest as it seems I had called their office previously and now have set up a firewall with the attorney I had called. Is that normal procedure or an aggressive move? Whenever I called attorneys, they always ask ahead of time my spouse’s name to check for conflicts. I feel like I am being taken advantage of and that I should have been notified before my spouse’s new lawyer sent court notice of change of attorney’s. How does this typically work? Do you accept new clients if spouse called your firm but didn't talk to you directly but another lawyer in the firm? If spouse’s new lawyer is already playing dirty tricks, do not want him representing my spouse.
1 ANSWER
Divorce Attorney serving Short Hills, NJ
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Diamond & Diamond, P.A.
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Every lawyer handling family law matters is required to maintain a conflicts checklist system that should be checked before scheduling a consultation. If you met with a particular family law attorney for a consultation and discussed the merits of your matter and your position with regard to issues to be addressed in the divorce, that lawyer cannot then represent your spouse in your divorce matter. If you met with a different lawyer in that law firm ( not the same lawyer as met with your wife), then the issue is whether that law firm can create a "Chinese wall" to ensure that none of the information you provided to the lawyer in the consultation setting is provided to the lawyer representing your wife and ensuring that the lawyer you met with has nothing to do with your divorce file. Candidly, most judges will be concerned about the same law firm representing your wife after a lawyer in that firm already met with you to discuss the same divorce issues. it smells bad and looks bad and your current lawyer has a right to serve notice on your wife's new lawyer of the conflict of interest and demand that your wife's lawyer removes herself from the case. If the lawyer refuses and you are concerned about what you said in the consultation and how that information can be used against you, then your lawyer has the right to file an application with the court to compel your wife's lawyer/law firm to leave the matter completely. Side note.... there have been cases where the client does not object to the other lawyer remaining in the case because of the working relationship between the 2 new lawyers or for any number of other reasons discussed between you and your new lawyer. As such, the issue for you to decide is whether that conflict is one which you want to press for the other lawyers' removal. Talk with your lawyer and make that decision but you can't hold it as an ace up your sleeve to pull out at a later date. It's either addressed immediately or you will lose the ability to raise it.
Answered on Jan 05th, 2021 at 8:17 AM