What is a conflict of interest in family law?
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What is a conflict of interest in family law?
A 'conflict' covers situations where it is inappropriate for a solicitor to advise a client because of previous or ongoing work with another person involved in the same case. The most obvious conflict of interest in the divorce setting would be when one lawyer agreed to represent both parties.
Should a divorcing couple use the same attorney?
Representing both of you at the same time would be considered a conflict of interest for an attorney. While there is no situation where one divorce lawyer could represent both you and your spouse, a single attorney can help you finalize your divorce.
How do you disqualify an attorney for conflict of interest?
The basis for a motion to disqualify opposing counsel is generally that a conflict of interest exists because that attorney has previously represented the client, and as a result of that representation gained confidential information which could be used to harm the former client's interests in the case.
Can an attorney sue a former client?
An attorney may be entitled to bring suit against a former client, so long as representation of the former client has ended and the present case does not involve any confidential communications made to the attorney by the former client.
