Q: I paid a lawyer and asked for legal advice. I shared my information. Is it possible for my spouse hire her?
I am preparing divorce. I asked the lawyer for legal advice on my financial information and the direction of the divorce proceedings. It was done twice and I paid for it. But a few days ago, my spouse contacted this lawyer and I found out that the lawyer had sent my spouse a contract. Is it possible for a lawyer who has finished consulting with me to sign a contract with my spouse?
A:
In legal practice, ethical guidelines prohibit attorneys from representing a new client if their representation involves a conflict of interest with a former or current client. If you've consulted with this lawyer and shared personal and financial information relevant to your divorce, this creates a conflict of interest if the same lawyer were to represent your spouse in the same divorce proceedings.
The rules governing attorney conduct, specifically regarding conflicts of interest, are strict. Once an attorney has provided legal advice to you, especially concerning sensitive and confidential information like financial details in a divorce, they are typically barred from representing your spouse in the same matter.
If you find that your spouse's lawyer is the same one you consulted with, you have grounds to raise a conflict of interest concern. You should immediately inform the lawyer of the conflict and, if necessary, take further steps such as contacting the state bar association.
It's advisable to seek legal counsel to understand your rights and options in this scenario. An attorney familiar with professional conduct and ethics in legal practice will provide guidance on how to proceed.
2 users found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
