If you obtain a consultation from an attorney and then your spouse hires the same attorney as legal representation, isn’t that a conflict of interest?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you obtain a consultation from an attorney and then your spouse hires the same attorney as legal representation, isn’t that a conflict of interest?
Asked on December 10, 2012 under Family Law, Tennessee
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It may be a conflict of interest:
1) If the consultation was for an unrelated matter (e.g. real estate), there is a very good chance it would not represent a conflict or ethical problem.
2) If the consultation was for the same matter (e.g. divorce) that your wife has retained the attorney for, it is probably not a conflict per se (since you were, presumably, not a client--that is, you presumably did not retain the lawyer), *but* the attorney may not use any information which he/she obtained from the consultation against you or for your wife. If you believe this is the case, there may be a breach of legal ethics, and you should bring it to the court's attention and/or to the attention of your state bar association.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.