can an attorney who once represented me, then later represent my ex wife

by Kyla Schaden 10 min read

Further, a lawyer who has represented you or whose firm has represented you in the past in any way cannot represent your spouse in other matters, without your written consent, and may not use any information collected during your representation to your detriment. Changing divorce lawyers is not uncommon.

Therefore, the RPC code of the ABA clearly lays out that a lawyer cannot represent your spouse in your divorce case, not only if he or she has represented you, but also if the lawyer's current or previous firm has represented you in this case.Oct 25, 2019

Full Answer

Can an attorney who has represented my wife in two divorces?

Dec 20, 2010 · The answer is no if the lawyer who previously represented you received confidential information about you from you that the lawyer now is using against you. If the matters are totally unrelated, and there would be no appearance of impropriety for the lawyer to represent your adversary, then maybe. However, it would probably be difficult for the lawyer to …

What happens if a lawyer is disqualified from representing a case?

Answer (1 of 4): Maybe. It depends on how closely the two matters are related to each other. Rule #1: Your former lawyer cannot represent the other side in the same matter or a closely related matter, unless you consent. Rule #2: Your former lawyer …

Can my ex-wife's ex-husband's lawyer represent my wife now?

Oct 25, 2019 · (RPC rule 1.9: Duties to Former Clients) Therefore, the RPC code of the ABA clearly lays out that a lawyer cannot represent your spouse in your divorce case, not only if he or she has represented you, but also if the lawyer’s current or previous firm has represented you in this case.

Is it legal for a lawyer to represent a family member?

It depends. The fact that the lawyer represented you in the past, in and of itself, does not make it improper for him to represent your wife now. The question is whether in representing you in the past the lawyer learned confidential information that will help him in …

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Can my lawyer talk to my ex?

Your spouse's attorney is not permitted to speak with you directly if you are represented by counsel – nor may your attorney speak with your spouse if he or she is likewise represented – as it may be considered a breach of our ethical and professional rules.Sep 22, 2015

Can my ex sue me after divorce?

You're free to sue the opposing party for something that has happened after the divorce case, but you cannot go back and sue for something that happened during or beforehand. This is now standard practice for divorce attorneys.Sep 13, 2018

Can my lawyer wife represent me?

Thus, a lawyer related to another lawyer, e.g., as parent, child, sibling or spouse, ordinarily may not represent a client in a matter where that lawyer is representing another party, unless each client gives informed consent.

Can your significant other be your lawyer?

Although an attorney is not specifically prohibited from having an intimate relationship with a client, both Rule 3-120 and Section 6109.9 set forth that an attorney's representation should cease if, as a result of the sexual relationship, his or her services cannot be competently carried out.May 23, 2017

Can I sue my ex-wife for emotional distress?

Emotional Abuse Can Give You the Right to Sue If your spouse has intentionally caused you to suffer emotional distress, you may have the right to file a civil lawsuit for damages. Filing a lawsuit can hold your spouse accountable for their actions and allow you to recover comepnsation.Feb 12, 2019

Can I sue the other woman for emotional distress?

While the Court dismissed the father's complaint for intentional and negligent infliction of emotional distress, the Court did announce that one spouse can sue the other spouse for emotional distress. However, the underlying conduct must be consistent with the definition of the alleged tort.Feb 15, 2019

Can a lawyer represent their spouse?

Representing Family or Friends Lawyers are allowed to advise friends, family members, spouses and other people with whom they are acquainted. A lawyer is not in a conflict of interest simply because the lawyer is representing a family member or a friend.

Can I represent someone in court with a power of attorney?

Attorney Holder to file and appear in civil proceeding as under order3 rule2 of C.P.C. A party to the Court Proceedings may be represented by a Power-of -Attorney holder which duly authorized by the Party/Principal i.e Plaintiff or defendant.

Can my partner represent me in court?

For federal courts, federal law says pretty much the same thing. “In all courts of the U.S. the parties may plead and conduct their own cases personally or by counsel .” Spouses can represent each other, but only when they get sued together.

How do you seduce a lawyer?

Compliment: Always make an effort to compliment her. Lawyers are egocentric, therefore feed their ego. Tell her how beautiful and passionate she is. Tell her, “you are so dedicated to your work”.

Can lawyers defend family members?

Should a lawyer represent a family member? The answer to the first question is a qualified yes. Courts do not typically intervene in allowing a family litigant to choose their lawyer, just as they generally don't interfere with litigants who represent themselves.Nov 5, 2021

Why is it so hard to be married to a lawyer?

A psychologist and author says lawyers' personality traits and educational background can make them difficult marriage partners. Psychologist Fiona Travis, who is herself married to lawyer, writes about the problems in a post at Lawyer Avenue. “It's not that lawyers lack relationship-building skills,” she writes.Feb 18, 2009

Can you hire the same attorney for divorce?

While it is common and even preferable for a divorcing couple to utilize the same attorney in mediation, there are clear guidelines that generally prevent one spouse from hiring the other spouse’s former attorney in a trial divorce case.

Can a lawyer represent my spouse in divorce?

Therefore, the RPC code of the ABA clearly lays out that a lawyer cannot represent your spouse in your divorce case, not only if he or she has represented you, but also if the lawyer’s current or previous firm has represented you in this case.

What happens if an attorney represents you and then represents another person against you?

If the attorney represented YOU, and then represents another person against YOU it may be a conflict of interest. It does not sound like that is the situation - the attorney represented a member of your family (but not you, at one point in time) and also represented your ex boyfriend in his divorce. The attorney has maintained the attorney client relationship with your ex boyfriend by representing your ex boyfriend against you. That is okay. However you can contact the state bar ethics line and see what they think, but I see no conflict of interest.

Is it a conflict of interest to have a lawyer represent you against your ex?

It is not a conflict of interest for the lawyer to represent your ex-boyfriend against you unless the same lawyer represented you against your ex-boyfriend at some time in the past.

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