why was my attorney representing my ex and me at the same time

by Dr. Hiram Bauch I Published 2 years ago Updated 1 year ago 9 min read

1 attorney answer Posted on Mar 31, 2010 If this lawyer represented you in a child custody case and has now switched sides and is representing your ex against you for the same child custody matter, yes, that's an impermissible conflict of interest and a violation of the lawyer's duty of loyalty to you as a prior client.

Full Answer

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

Apr 10, 2013 · You cannot each be represented by the same lawyer, because an attorney owes a duty of loyalty to his/her client and a duty of care in representing his/her client’s interests. There may be certain situations in which there is a conflict between your best interests and those of your husband. In those situations, the attorney could not represent both of you without …

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

Mar 30, 2010 · 1 attorney answer. If this lawyer represented you in a child custody case and has now switched sides and is representing your ex against you for the same child custody matter, yes, that's an impermissible conflict of interest and a violation of the lawyer's duty of loyalty to you as a prior client. In disqualification motions, courts look to whether the successive …

Why did my divorce attorney ask me if I had money?

Mar 10, 2013 · 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.

Why did my attorney tell me not to show up to court?

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 cannot use any confidential information they learned about you in the earlier case against you.

Can my lawyer talk to my ex?

The Attorney Client Relationship

That is prohibited. An attorney may represent only one person in a family law case, such as a divorce or child custody case. Failure to do that is usually a conflict of interest. That means what is good for one person might be a bad thing for the other person.

Can two people have the same lawyer in the same case?

Short answer is Yes. However, it is almost always inadvisable to do so. Two people can waive any and all conflicts and, thus, retain one lawyer to represent them. They also have the right to negotiate any fee they want.Nov 21, 2017

Can two lawyers represent the same client?

Conflicts in Litigation

[23] Paragraph (b)(3) prohibits representation of opposing parties in the same litigation, regardless of the clients' consent.

Can lawyers lie to each other?

The American Bar Association's Model Rules of Professional Conduct states that a lawyer “shall not knowingly make a false statement of material fact.” In other words, lawyers aren't supposed to lie--and they can be disciplined or even disbarred for doing so.Nov 30, 2009

What is the rule about simultaneously representing two clients whose interests are adverse?

(a) A lawyer shall not, without informed written consent* from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.

Can married lawyers go against each other?

When lawyers representing different clients are related by blood or marriage, they must disclose it to their clients and get consent to continue. So, in real life, Tracy and Hepburn's characters would have needed consent by everyone to oppose each other in court.Apr 11, 2016

How do you know if your lawyer is selling you out?

Signs of a Bad Lawyer

Bad Communicators. Communication is normal to have questions about your case. ...
Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ...
Not Confident. ...
Unprofessional. ...
Not Empathetic or Compassionate to Your Needs. ...
Disrespectful.

Aug 19, 2020

What is a conflict waiver?

Conflict waivers serve as a memorialization or proof that a client has given informed consent for a lawyer to handle a legal matter despite a “disqualifying conflict of interest.”

What are the two types of legal conflicts?

What are the two kinds of legal conflicts are resolved in our legal system? Criminal and Civil cases.

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

Can lawyers go to jail for lying?

"In my professional responsibility course, I tell the truth about what happens to lawyers who do not. "Lawyers who lie do not end well. They get in trouble with the State Bar, often losing their license, frequently winding up bankrupt, family life in shambles and sometimes going to jail," she observes.Nov 25, 2011

Do lawyers lie for their clients?

In NSW, that body is called the Law Society of New South Wales. The ethical standards do not prevent criminal lawyers from representing a client they know is guilty, but the lawyer will not be able to lie or knowingly mislead the court on their client's behalf.Dec 18, 2014

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.

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.

What happens if an attorney represents you in divorce?

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.