Crestview, FL asked in Domestic Violence, Family Law and Legal Malpractice for Florida

Q: Is it legal for my soon to be ex husband to retain my defense lawyer for his present domestic violence case?

I was convicted about 1 1/2 yrs ago. Right now I have a domestic violence case against my husband and he has retained the same lawyer that represented me. I gave that lawyer lots of very personal detailed information about myself and about him. Is this legal for the same lawyer to represent both of us especially being that my husband is a domestic violence case with me? And also involves my daughter who is four years old. I'm supposed to get on the stand next week to testify against him because he's fighting the charge. And my defense attorney which is now his defense attorney is going to be questioning me about things that he very well possibly knows from me telling him two years ago.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It indeed appears that the lawyer has a conflict of interest which would preclude him from representing your ex in the DV case.

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