If I Hire A Divorce Attorney, Can My Husband Hire Another Attorney From The Same Law Firm?
Friday, January 22nd, 2010 at
12:51 am
Would this be considered a conflict of interests? I don’t want him to hire an attorney from the the same law firm.
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No, definitely not. It would be considered a “conflict of interest” which would be an ethical violation.
Just be sure that you have retained the lawyer, given him the agreed upon initial fee and received a dated receipt for it. You don’t want your husband to hire the firm first!
The only time that you both could use the same attorney or a “team” of two attorneys (often one is male and one female) if you decide together that you want to have a divorce through “mediation” or “collaboration.”
Every state is different as far as their divorce laws. If you google or yahoo “mediation collaboration divorce” and the name of your state, you should come up with more information on your state’s laws.
Good luck. Divorce is not fun, for sure.
No he cannot – that would be considered a conflict of interest which would ethically prevent another attorney (in the firm where you hired an attorney) from representing him. The theory is that once you have hired an attorney, another attorney in that firm could obtain information which you and your attorney deem privileged and use it it against you in the divorce proceedings. Although that “shouldn’t” happen, that’s what the ethical rule of conflict of interest is designed to prevent.
No, there are laws against spouses divorcing and having lawyers in the same firm. It’s not allowed. Some spouses see every divorce lawyer in their area possible so that the other spouse won’t be able to get a lawyer, or just to make it diffucult for them.
You’re right.
You and your husband cannot have lawyers from the same firm.
If you don’t want him to hire an attorney from that firm, then you should have hired one…hired with “ed” at the end, not “if” I hire, with a big “if”.
There are times when it would be possible, people even get divorced using only one lawyer, but only if you both consented and generally had no conflicts over who should get what. Otherwise, one firm representing both would be a conflict of interest.
Nope – one of the most basic conflict of interest scenarios.
What is a conflict for one attorney is a conflict for the entire firm (with some complicated exceptions which will not apply in your case)
no. it would be a conflict for the firm.
Yes that is certainly a conflict of interest. If the company would even agree to it, I’d run!
yes he can your lawyer will be competin against each other so u have a better chance of getting what u want