Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Perez & Gomez Law, LLC | Ana Maria Gomez
Nope, it is a conflict of interest.
Answer Applies to: Minnesota
Replied: 1/18/2012
Law Office of Rhonda Ellifritz | Rhonda Ellifritz
No, not without your consent.
Answer Applies to: California
Replied: 1/18/2012
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
Based on the limited facts present, that would appear to be a conflict of interest, and that attorney should not represent your wife.
Answer Applies to: Florida
Replied: 1/18/2012
Roscich & Roscich | John Roscich
It is not a good idea for the lawyer to do so. It sounds very much like a conflict situation and ultimately can be a headache for the attorney. I would not represent her.
Answer Applies to: Illinois
Replied: 1/17/2012
Reeves Law Firm, P.C. | Roy L. Reeves
It is considered a conflict of interest if he is handling anything for another party (including your wife) that would require him to use information he gained from you during your attorney-client conversations if that information would be used against you in any way.
Answer Applies to: Texas
Replied: 1/17/2012
Dunnings Law Firm | Steven Dunnings
Only if he gets your consent. Otherwise there is a potential conflict of interest and you can file a grievance against the attorney with the State Bar Association.
Answer Applies to: Michigan
Replied: 1/17/2012
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Most likely not, that would be a conflict of interest. You should discuss this with your attorney, and if they won't agree not to represent her, then call The Florida Bar and file a complaint.
Answer Applies to: Florida
Replied: 1/17/2012
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
If you have been that attorney's client in the past he cannot represent your wife in the separation agreement, unless you consent to his representation in writing and indicate that you understand this is a conflict of interest and that you are waiving that conflict.
Answer Applies to: Wisconsin
Replied: 1/17/2012
H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
My guess would be no. This looks like a conflict of interest. If he refuses to withdraw on his own, you or your attorney can file a motion to compel his withdrawal from representing your wife.
Answer Applies to: Georgia
Replied: 1/17/2012
Meriwether & Tharp LLC | Patrick Meriwether
I do not know all the details of your situation, but it sounds like there is a conflict of interest there. You may waive this conflict, however.
Answer Applies to: Georgia
Replied: 1/17/2012
Law Office of James Lentz | James Lentz
Absolutely not. To do so would violate the rules of professional conduct. An attorney must zealously represent his or her client and that would be impossible representing both sides.
Answer Applies to: Ohio
Replied: 1/17/2012
Law Office of Joan M. Canavan | Joan Canavan
No, there is an attorney-client privilege between you and your attorney and there is a conflict of interest if your attorney now represents your Wife in a separation agreement after having seen your mental health records. The only way your attorney could now represent your Wife is if your waived your attorney-client privilege and allowed your attorney to represent her.
Answer Applies to: Massachusetts
Replied: 1/16/2012
Jones & Williams | Elizabeth Jones
That would seem to be an obvious conflict of interest. You should object and demand his withdrawal.
Answer Applies to: California
Replied: 1/16/2012
Law Offices of Christina Shaffer | Christina Shaffer
There is a conflict of interest if your attorney is now representing a litigant in your case (spouse).
Answer Applies to: California
Replied: 1/16/2012
John E. Kirchner, Attorney at Law | John Kirchner
One attorney cannot ethically represent both sides in a divorce related matter. Whether "your attorney of many years" is still "your attorney" for this purpose is the issue and, even if he is not, there could be an ethical issue if he has confidential or privileged information obtained through the attorney-client relationship. There isn't a clear black & white answer from what you have said, but there is certainly a potential conflict of interest that "your" attorney is risking.
Answer Applies to: Colorado
Replied: 1/16/2012
Myles A. Schneider & Associates | David Cox
No. Unless you give your informed consent, in writing, that would constitute a conflict of interest and would be unethical under Minnesota's Rules of Professional Conduct.
Answer Applies to: Minnesota
Replied: 1/16/2012
Law Office of William L Spern | William Spern
No. Clear conflict of interest. Each side should have separate attorney.
Answer Applies to: Michigan
Replied: 1/16/2012
Law Office of Lynda H. LeBlanc | Lynda Leblanc
Not without your written consent. An attorney cannot represent a person against a former client. Even if you were willing to consent, most attorneys still would take on that type of possible liability.
Answer Applies to: Indiana
Replied: 1/16/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
That would be a bad idea. By virtue of your prior dealings with your attorney, and his/her knowledge received therein of your mental health records and history, you have a confidential relationship with your attorney, who would have a conflict of interest representing your wife unless you waive that conflict - something that you should not do. Best to contact the attorney and object to his/her representing your wife in connection witha separation agreement or anything having to do with your marriage.
Answer Applies to: California
Replied: 1/16/2012
Law Office Of Jody A. Miller | Jody A. Miller
It sounds like it's a big conflict of interest to me.
Answer Applies to: Georgia
Replied: 1/16/2012
Vargas Law Office LLC | Ronnie Ismael Vargas
I see a conflict of interest there. The only way to avoid the conflict of interest is if you were waive the conflict of interest.
Answer Applies to: Wisconsin
Replied: 1/16/2012
Diefer Law Group, P.C. | Abel Fernandez
You might have the right to object to this attorney representing your wife. It appears there might be a conflict of interest. It is not clear from your facts, but it looks like this might cause a conflict.
Answer Applies to: California
Replied: 1/16/2012
Law Offices of Frances Headley | Frances Headley
Only with your written consent. You may wish to consult the State Bar about the requirements.
Answer Applies to: California
Replied: 1/16/2012
Law Office of Jane E. Ginsburg | Jane Ginsburg
Your attorney certainly can represent your wife. The question is should he? And the answer to that is no, per the Rules of Professional Conduct.
Answer Applies to: California
Replied: 1/16/2012
The Law Office of Kem Eyo, LLC | Kem Eyo
Yes, your attorney can represent your wife in a separation agreement. But the representation is only allowed if a Conflict Waiver is signed by both you and your wife. The waiver is a notice stating that you are aware of the potential conflict of interest and are willing to allow the representation. If such a waiver has not been signed, the representation would be improper.
Answer Applies to: Georgia
Replied: 1/16/2012
Glenn E. Tanner | Glenn E. Tanner
In Washington, probably not. Contact the Washington State Bar Association.
Answer Applies to: Washington
Replied: 1/16/2012
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
That depends on whether you want the attorney to do this. Unless you give permission, your lawyer has no right to represent your wife in a divorce matter involving you. Really wrong if the lawyer does so. A divorce is a very important thing. You really need a good lawyer to assist you.
Answer Applies to: New Jersey
Replied: 1/16/2012
Michael Apicella | Apicella Law and Mediation
From the limited facts stated in your question, it sounds like there may be a conflict of interest. You should inform your lawyer that you do not consent to his representing your wife in the separation matter due to such conflict. If he continues to represent her without your consent, you have the option to file a motion with the court to request that he be removed as counsel for your wife. You can also report the matter to the State Bar Association.
Answer Applies to: California
Replied: 1/16/2012
Peyton and Associates | Barbara Peyton
If the attorney previously represented you, he cannot represent your wife without there being a clear conflict of interest. You should object and have your wife get an independent attorney.
Answer Applies to: California
Replied: 1/16/2012
DEAN T. JENNINGS, P.C. | Dean T Jennings
No. You should ask your attorney of many years to withdraw and remind him/her in writing that you expect them to preserve all of your confidential communications over the years. Then you should hire your own new attorney and file a motion (if old attorney doesn't withdraw) to have that attorney disqualified. In the event, your old attorney continues to try and represent your wife, file an ethical complaint with the Iowa Grievance Committee.
Answer Applies to: Iowa
Replied: 1/16/2012
Phillip A. Arieff Attorney at Law | Phillip A. Arieff
Generally that would be a conflict of interest, since technically you and your wife are considered adversarial parties in the divorce. Therefore it is ethically inappropriate for your prior attorney, who presumably has knowledge which could help represent you when he did so, but which could be damaging and applied to your detriment if he represented your adversary, in this case your wife.
Answer Applies to: Wisconsin
Replied: 1/16/2012
Cox & Ryan, PLLC | Annette Cox
No that seems to be a conflict of interest if you have had an attorney-client relationship with that attorney previously.
Answer Applies to: Arizona
Replied: 1/16/2012
