Can my soon to be ex-husband have the same lawyer as my boyfriend?

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Can my soon to be ex-husband have the same lawyer as my boyfriend?

My soon to be ex-husband retained the lawyer first when he filed 10/08. In 2009 she went to a different firm but my ex stayed at the law firm and just used one of the other lawyers. My boyfriend retained the lawyer in 02/10 and we got together in 06/10. We moved in together in 11/10, then in December my ex re-retained the lawyer he originally had who also represents my boyfriend in his divorce and custody.

Asked on February 1, 2011 under Family Law, Pennsylvania

Answers:

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

Answered 10 years ago | Contributor

I can see why you may be concerned.  I think that the attorney is foolish to have accepted both parties as clients because there could be what is known as an appearance of impropriety and a potential for conflict, but I do not think that the conflict ethically exists at the onset.  From the outside looking in the cases do not really have anything in common except you.  If the divorce with your ex is amicable and will not be a mud slinging match that may bring in to play any character references about you that could possibly be used by your boyfriend's wife and the attorney hides the information - do you see what I mean and how far it could go?  If it is really a bad situation speak with your attorney about making a motion to have your ex's attorney recuse herself.  Good luck. 


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