Is it a conflict of interest if my husband and his attorney have been having an affair and now she is pregnant?

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Is it a conflict of interest if my husband and his attorney have been having an affair and now she is pregnant?

What can be done? What can I gain from this information?

Asked on January 3, 2017 under Family Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not a conflict of interest, at least not in regards to you, and there is nothing you can do about: she was *his* attorney, not yours, and owed no duty to you. There is no conflict from her being both emotionally and professionally involved with him. If she had been *your* attorney, then that would have been a conflict if she had an affair with him while representing you, and you could have potentially sued her for malpractice and/or had an adverse result, which occured due to her conflict, thrown out or vacated. But again, that's only if she had been your lawyer and so had a duty to you which she violated. But as his attorney, her affair does not affect any duty or obligation to you, because she had no duty or obligation.


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