Is it a conflict of interest for a lawyer to represent me if my soon-to-be ex-husband used him in the past?

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Is it a conflict of interest for a lawyer to represent me if my soon-to-be ex-husband used him in the past?

He has hired a new lawyer for the past year. He has not used the last lawyer in approximately 4-5 years. I will be filing for divorce. He has been married before and had extensive court custody battles with his ex-wife with his last lawyer.

Asked on December 30, 2011 under Family Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

Why, may I ask, are you interested in using this lawyer?  Is it because you think that this is a good lawyer and the best to represent your interests?  The conflict is not yours you understand, but your husband's and the lawyers.   I think that there could be a distinct possibility that this lawyer could be placing himself in a compromising position and that your husband could indeed object and request that he not represent you in a proceeding.  But the determination of that issue really turns on the facts of the other divorce and only your husband and this lawyer can make that call.  Not you.  It may be a good idea to explore another alternative.  Good luck. 


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