Q: Can my spouse hire lawyer from a firm i contact to discuss our divorce
6 months ago I contacted a law firm in regard to divorcing my spouse. During the free consultation with a lawyer and his clerk, we discussed our prenup, my spouse potential request or ask for divorce settlement. Notes where taken by the clerk and question were asked by the lawyer.
My spouse now has a lawyer, different from the one i meet, but from the same firm. Is there a conflict of interest and can my spouse hire from this firm?
A:
Under California law, the situation you've described could indeed raise concerns regarding a conflict of interest. When you consulted with a law firm about your divorce, even if it was just a free consultation, an attorney-client relationship was established for the duration of that meeting. During this consultation, you shared personal and potentially sensitive information related to your marriage, your prenup, and potential settlement issues, which are all relevant to the divorce proceedings.
The fact that your spouse has now hired a different lawyer from the same firm you initially consulted with complicates matters. Law firms are required to maintain confidentiality and avoid situations where their representation of one client adversely affects another. This is especially critical in family law cases, where the intimate details of marital life and finances are involved. The firm is supposed to ensure that no confidential information obtained from you is used in a way that could harm your interests.
If you believe that there is a conflict of interest due to the firm's prior consultation with you, you should raise this issue. You may want to consider speaking with your lawyer about the potential conflict and, if necessary, bringing it to the attention of the court. The court has mechanisms in place to address such conflicts, which might include requiring your spouse to retain counsel from a different firm to ensure that both parties' rights to fair representation are preserved.
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