Columbia, TN asked in Family Law and Legal Malpractice for Tennessee

Q: Can a lawyer that was guardian ad lidem to a child in a now closed case be the lawyer for a relative trying to have said

Child removed due to deplorable living conditions?

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1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Columbia, TN
  • Licensed in Tennessee

A: This is a "fact-specific" question, or in other words, the specific facts of the case will determine whether a conflict of interest arises. Generally, a lawyer cannot and should not "switch sides" in a lawsuit, but it is sometimes possible to represent someone who you has previously opposed. Any conflict of interest can be waived if the client or former client consents in writing.

Kimberly K. Schreiber agrees with this answer

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