Jamestown, NY asked in Family Law, Child Custody and Juvenile Law for New York

Q: my daughters attorney in our battle represented her dad in a separate case prior to and after ours is that a conflict?

And can she get in trouble that she knew this and did not recuse herself ?

1 Lawyer Answer
Peter Christopher Lomtevas
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  • Divorce Lawyer
  • Schenectady, NY
  • Licensed in New York

A: The question certainly may present a conflict if that prior case involved family law in a family court. If that was the case, then the conflict is that the attorney can use information gained from the father and use it either for or against the father. However, if the case was something else in a different court, then there may not be a conflict, and the attorney can represent the child in family court.

It is common knowledge that attorneys in upstate New York are becoming scarce, and the same lawyers assigned by the courts are appearing on most of the available cases. This may be a policy by government to leave as many people as defenseless as possible, but there is not enough information on all the details of the asker's case to make that conclusion.

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