Is it conflict of interest?

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Is it conflict of interest?

My soon to be ex wife hired a lawyer to represent her in our divorce case. Also she hired a legal assistant. This legal assistant used to be one of my employee and had some limited access to records pertaining the business which is also one of our divorce subject of disagreement. Could that be a problem in the future.

Asked on June 29, 2009 under Family Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think that could definitely be a problem.  If you own a business, I would say that you almost absolutely must have an attorney representing you in this divorce, and he or she can address your former employee's participation in the case.  One place to find a lawyer is our website, http://attorneypages.com

I'm not familiar with whether "legal assistants" are separately licensed in New York, and, if so, what rules apply to them.  A lawyer who had had any access to your business records, while working for you, would be absolutely barred from representing your wife, under every set of lawyers' ethics rules I've ever seen.


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