If my divorce lawyer was seeing my ex-husband months beforeour divorce was finalized, did that constitute a conflict of interest?

UPDATED: Jan 15, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 15, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my divorce lawyer was seeing my ex-husband months beforeour divorce was finalized, did that constitute a conflict of interest?

They married within months of finalizing my decree. He hired her best friend which I believe, is also a conflict of interest. Then, I get letter from his new “divorce lawyer” saying that if you do not sue me or my fiance (my ex-divorce lawyer), I will go ahead and sign off on Innocent Spouse form for back taxes due the IRS. Sounds like coercion and extortion. On top of that, the back taxes are $500,000. My mother died 05/10/10 and they announced that they were getting married on 05/18/10, and I stupidly told the ex what I received.  I am exhausted. Do I have case for her disbarment or criminal charges? Should I speak with a personal injury attorney? In Monterey County, CA. 

Asked on January 15, 2011 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This sounds like it very likely was a conflict of interest and a violation of attorney ethical rules; this is specifically, I believe, one of the things matrimonial lawyers are *not* supposed to do. It could give rise to either penalties for the attorney and/or a cause of action for malpractice. The attempt to coerce you into not suing could also give rise to sanctions, a cause of action, and, depending on the exact circumstances, potentially even criminal liability if it's viewed sufficiently as blackmail or the equivalent. You should consult with an attorney with experience in suing other lawyers for malpractice--that would be the kind of lawyer most likely to best evaluate your options and help you  seek compensation and/or justice. Good luck.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption