is it a conflict of interest?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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