Q: Would it not be a Conflict of Interest, Ethics Violation and Unprofessional Behavior for a Lawyer on both custody cases?
I retained a lawyer four years ago for a custody suit and won FULL custody. The other parent has now hired the SAME lawyer trying to get custody. AND, its the same judge that signed the first order that is now sitting the bench on this new order. I say they both should have to recuse themselves. How could it possibly be a fair and not bias? What do you say?????
A: I see no ethical problems for the Judge and I really don't see any problems for the lawyer either since your prior case has been concluded four years ago. There is no question that the better practice would be for the lawyer to not take the case, just to avoid the appearance of impropriety but I don't see any reason the lawyer would be required to refuse the new case. However, I am not an ethics expert so maybe some of the other attorneys will chime in if there is some ethical problem.
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