I’m helping my dad retain an attorney for a divorce, we have talked to one attorney a few weeks ago, but did not retain her. If his wife found her number would she be able to retain an attorney that we’ve already spoke to you about the divorce?

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I’m helping my dad retain an attorney for a divorce, we have talked to one attorney a few weeks ago, but did not retain her. If his wife found her number would she be able to retain an attorney that we’ve already spoke to you about the divorce?

I’m assisting my father in getting an
attorney in Arizona for a divorce we
spoke with an attorney did not retain
her and it’s been a few weeks but now
he’s looking at retaining her and I’m
having a problem getting them to return
my call and feel like maybe his spouse
found the number that I gave him and has
retained her would that be legal?

Asked on September 6, 2018 under Family Law, Arizona

Answers:

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

Answered 3 years ago | Contributor

WHat you need to determine is if the representation of your step mother creates a conflict of interest under the Rules of Professional Responsibility in Arizona.  In New York, when we consult with a client we sign paperwork that says what is discussed is confidential and creates an attorney client privilege so if the other spouse comes in, we decline to see them.  If your Dad paid for a consultation (and even if he did not) and was given any paperwork - attorney rights, confidentiality statements - that he and the attorney signed, then I would read them.  Then I would contact the State Bar of Aizona for an opinion on the matter. My gut is there would be a problem if he disclosed information that could be used against him in the divorce. Good luck.
https://www.azbar.org/ContactUs


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