When is it consider conflict of interest if my ex and I both spoke to an attorney and now my ex is using that attorney regarding an order of protection?

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When is it consider conflict of interest if my ex and I both spoke to an attorney and now my ex is using that attorney regarding an order of protection?

Asked on May 9, 2019 under Criminal Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It may very well be, if you and your ex spoke to the attorney about family/marital issues, about anything involving allegations of domestic violence or the reason for this order, or the attornery is using anything learned from you against you. Long story short, a lawyer cannot use information gained in a consultation with a potential or actual client against that person.
If you spoke to the lawyer about something wholly unrelated--a car accident you were in; a claim that you had breached a contract with some vendor or contractor or business (or your claim against someone else for breaching a contract with you); a house closing or real estate transaction; etc.--then so long as nothing in that discussion related to the current matter (the order of protection) there would be no conflict.


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