What can I do on a conflict of interest in my felony charge? 8 Answers as of January 31, 2014

Is an Attorney representing my ex in a family court in one county able to stand up with the prosecution on a felony charge against me in another county?

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Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Yes, because the attorney does not represent you.
Answer Applies to: Idaho
Replied: 1/31/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Yes, if that attorney has never represented you before.
Answer Applies to: Washington
Replied: 1/31/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Since the attorney is your ex's attorney, there's no conflict of interest or obligation towards you as a client.
Answer Applies to: California
Replied: 1/31/2014
John Russo | John Russo
Why not where is the conflict? If that attorney had represented you in the past against your ex, or anyone else for that matter, then there would be a problem.
Answer Applies to: Rhode Island
Replied: 1/31/2014
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
Absolutely. That attorney's duty of loyalty is to his or her own client, never to an opposing party. Your own attorney in family court cannot also prosecute you on criminal charges, but your ex's attorney can represent interests against yours for as many clients (individuals or the State) as s/he wants to.
Answer Applies to: Nebraska
Replied: 1/31/2014
    Eve Oldenkamp, Attorney at Law, P.C. | Eve Oldenkamp
    Unclear. What does "stand up" with mean? Or do you mean the attorney who represents your ex-wife in family court is representing you in a criminal court? If your ex-wife and you are not at odds on the charge for which he represents her or the charge for which he represents you, then no conflict. If s/he represents your ex-wife in a divorce from you, then yes, conflict.
    Answer Applies to: Oregon
    Replied: 1/31/2014
    Rouse & Co. LLC
    Rouse & Co. LLC | S. Carlton Rouse, Esq.
    First and foremost, a private attorney would not be in a position to prosecute a case. That responsibility is fulfilled by the county District Attorney's Office. With respect to conflict of interest issues, if the attorney did not represent you then he/she had no ethical obligation to you. Furthermore, if you are divorced from the attorney's past client, the marital privilege would not apply. You need to contact an attorney for representation immediately. The law on evidence has changed dramatically and you need to have someone working for your with a clear understanding of the rules of evidence.
    Answer Applies to: Georgia
    Replied: 1/31/2014
    Cavaleri & DeMarco | Alexander DeMarco
    It's pretty borderline on the ethics there. Really depends on how long you've been separated, how involved is she or any evidence related to you offense, etc. If you've paid this lawyer, you may have the potential to get your fee back if you bring it up to the judge.
    Answer Applies to: Minnesota
    Replied: 1/31/2014
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