is it a conflict of interest?

UPDATED: Oct 1, 2022

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is it a conflict of interest?

Is it a conflict of interest that my ex husband and his new wife use the same lawyer and they also involved my boyfriends now ex-wife with the same lawyer? It just seems that they are all using information from one case to the next…

Asked on October 1, 2018 under Family Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whether it is or is not a conflict depends on whether information from representing one of them is being used against another. If not such information is being used, OR if the persons involved are aware of the potential conflict but say in writing that it is ok, there is no issue. But even if it is a conflict, only the person whose information is being improperly used can take legal action to stop the representation (e.g. force this lawyer out) or for compensation for the act; a person who was never represented by this attorney has no "standing" or right to take any action. So possibly the ex-husband or his new wife, for example, might have some sort of claim or cause of action, depending on if information from representing one is now being used against that person; however, if you never used this attorney, you would not have any grounds to do anything.

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 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.

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