can you hire an attorney who used to represent your ex

by Preston Marks 4 min read

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.

No unless you give your permission. If you speak to a lawyer about your case your husband cannot later hire that lawyer to represent him in your divorce, custody or support matter. The reason being, you have likely communicated confidential information to the lawyer you spoke with.

Full Answer

Can I represent myself in a divorce without a lawyer?

Aug 18, 2015 · This is clearly a conflict of interest and you would not be able to hire a lawyer from the same firm. In fact, if they knew that your spouse was a …

Is it legal for a lawyer to represent an adversary?

Dec 21, 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 …

Can a spouse hire a lawyer for a divorce agreement?

May 27, 2010 · No it cannot. Your old attorney cannot represent your husband unless you have waived any conflict of interest. I suggest you contact your old attorney and remind them that they represented you. Perhaps they forgot. Helpful Unhelpful Share 0 comments Christopher Michael Schmiedeke View Profile Website Family Law Attorney in Dallas, TX 155 reviews

When does a lawyer not represent a prospective client?

Jul 04, 2018 · 1 attorney answer. If you are asking if you can hire your ex-husband's attorney to fight for custody of your child from your ex-husband then that would almost certainly be a conflict of interest. If you are wanting to hire your ex-husband's attorney to fight for custody of a child from another man then that probably would not be a conflict.

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Can my ex lawyer represent someone else against me?

A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

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

Is it unethical for a lawyer to represent family?

While there is nothing unethical about representing your family members, per se, you do run into the possibility of navigating into ethical gray zones. For example, offering legal advice at a family dinner or gathering could land you in an unintentional attorney-client relationship.

What is it called when you hire an attorney?

Finally, don't be confused by the terms "retainer" or "retainer agreement." Generally, these are not the same as having a lawyer "on retainer." When you “retain” a lawyer, that simply means that you are hiring them, and the money you paid to the attorney is known as “the retainer.” The agreement signed when someone ...Jan 4, 2022

Should I tell my ex I got a lawyer?

The relationship you have with your lawyer is sacrosanct. When you retain a lawyer, whether for a divorce or another issue, the lawyer is ethically charged with holding what you say to him/her as confidential. That means your attorney cannot talk about your case in public or to third parties without your consent.Aug 18, 2015

Can you represent yourself in court?

(3) Can I represent myself? 3.1 Yes, you may represent yourself in court. 3.2 You must consider the complexities and specific issues involved when you decide to proceed without a lawyer.

Are lawyers allowed to represent family members?

Can a lawyer advise friends, family members and their spouse? 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 a lawyer represent his girlfriend?

Generally, no. The mere fact that the girlfriend is the client is not an ethical violation. Like all other cases, it is only if there are other specific facts or circumstances that impact on the integrity of the relationship that there is a potential ethical...

How much do lawyers make an hour?

According to the United States Department of Labor's Bureau of Labor Statistics, the annual median wage for an attorney as of May 2016 was $118,160. This means that 50 percent of attorneys made more money than $118,160 and 50 percent made less. This breaks down to a median hourly wage of $56.81 per hour.

How much is a lawyer?

You can pay anywhere from $50 to thousands per hour. Smaller towns and cities generally cost less while heavily populated, urban areas are most expensive. The more complicated the case and the more experienced the attorney, the more you'll pay. Lawyer fees can range from $255 to $520 per hour.

How do I find the right lawyer?

You can run an attorney search at databases such as Avvo and Martindale Hubbell, which provide information such as practice areas, location, disciplinary records, and lawyer reviews. You might also consult your local or state bar association's attorney directory, which is a list of lawyers in your area.

1 attorney answer

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.#N#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...

Brian W. Erikson

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.#N#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...

Christopher T. Anderson

No. Not in any state of the Union, I dare say. I worry that there is more to this, but as stated the question is answered, no.

Christopher Michael Schmiedeke

No it cannot. Your old attorney cannot represent your husband unless you have waived any conflict of interest. I suggest you contact your old attorney and remind them that they represented you. Perhaps they forgot.#N#More

1 attorney answer

If you are asking if you can hire your ex-husband's attorney to fight for custody of your child from your ex-husband then that would almost certainly be a conflict of interest. If you are wanting to hire your ex-husband's attorney to fight for custody of a child from another man then that probably would not be a conflict.

Stephen Alan Sauer

If you are asking if you can hire your ex-husband's attorney to fight for custody of your child from your ex-husband then that would almost certainly be a conflict of interest. If you are wanting to hire your ex-husband's attorney to fight for custody of a child from another man then that probably would not be a conflict.

Zacharia Spencer Bonham

There is a substantial likelihood this is a conflict of interest, however, there are exceptions that exist which may allow the firm, and more importantly, a different attorney at the firm with no knowledge of the specific information you gave, to represent your wife.

William S. Stern

You would have to file a motion to disqualify the law firm. This issue is somewhat complex and you would be in over your head doing it without an attorney. You have to decide if it is worth it.

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

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