Can my ex-brother-in-law, who is an attorney, represent my present husband in our divorce case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my ex-brother-in-law, who is an attorney, represent my present husband in our divorce case?
Asked on June 15, 2011 under Family Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
He probably can. First, it's not a given that there is necessarily a conflict of interest in his representing your husand, based on the prior relationship; but more importantly, only the *client* can bring up a conflict of interest. It's not the other party's concern whether there is a client. In this case, you are the other party, your husband is the client, so he's the one who would raised an conflict issues.
That said, IF the ex-brother-in-law had done legal work for you and had, as a result, gotten information from you as his client, in that case, he might not be able to represent your husband, since an attorney is not supposed to use a former client's information against that client at a later time.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.