If I talked to an attorney about a divorce 4 years ago but this year my wife used that same attorney in our divorce, is that legal?

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If I talked to an attorney about a divorce 4 years ago but this year my wife used that same attorney in our divorce, is that legal?

Asked on November 18, 2012 under Family Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written there is no actual conflict of interest with respect to the attorney that you spoke with several years ago since there was no actual retention by you of this attorney. However, given what you have written, there is the potential of a conflict and the attorney if he or she is wise should recuse himself or herself in the matter you have written about.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you only talked with the attorney four years ago, but did not retain the attorney and therefore were not represented by the attorney, there wasn't any attorney/client relationship and therefore there would not be a conflict of interest for the attorney to represent your spouse four years later.

If you had been represented by the attorney in your divorce and then the same attorney represented your spouse, there would be a conflict of interest on the part of the attorney.  The attorney would then have had to advise your spouse of the conflict of interest and that your spouse had  the right to be represented by another attorney.


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