Can my ex-husband have his new wife represent him as an attorney involving our 2 children?

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Can my ex-husband have his new wife represent him as an attorney involving our 2 children?

Isn’t that a conflict of Interest?

Asked on January 3, 2013 under Family Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your former husband's wife is an attorney and she has never represented you in any matter then under the laws of all states in this coutnry she can represent your "ex" with respect to child custody issues between you and him. Such is not deemed a conflict of interest warranting her being recused from the "ex's" representation.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Although you may not like it, I do not believe that any real conflict exists here. The law in Arizona regarding conflicts of interest has to do with the prohibition against representing clients whose interests in a matter conflict, meaning you and he at the same time.  It is unnerving but probably fine. I would have your attorney keep a watchful eye on things. Good luck.


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