If my husband spoke to an attorney but did not retain them, is it still a conflict of interest if I try to retain them for myself?

My husband and I are thinking about divorce. He spoke to an attorney but told me that he did not retain him. I called the same attorney and the clerk there informed me that it would be a conflict of interest if I went to see this attorney. Does this mean my husband has retained this attorney to represent him?

Asked on November 3, 2011 under Family Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your husband spoke with an attorney about a possible dissolution matter involving you, the communications between your husband and the attorney would be protected under the attorney client relationship privilege even though your husband did not retain that attorney.

As such, for the attorney to be consulted by your for a dissolution proceeding with your husband puts that attorney in a conflict position where ehtically he or she cannot even speak to you on the subject and as such cannot be retained by you.

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