Q: Conflict of interest with law firm representing family in Ohio custody cases?
I was assisted by a lawyer at a firm in a criminal case, while a different lawyer from the same firm represented my parents in a custody case for my son. This firm also represents my brother and now represents my daughter, who is trying to take custody of my son. This has all occurred since 2013. I have not given consent for them to represent my family members or others involved. Could this situation present a conflict of interest?
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A: Possibly, but if the family law attorney has been partitioned off from anything in your criminal side, it likely would not constitute a conflict. If you are concerned, you can seek removal of the opposing counsel on the basis of conflict of interest.
Dimitrios Makridis agrees with this answer
A: I agree with my colleague if we indeed have the correct understanding of what's going on in your situation. It's not clear from your description whether or not any of these other individuals are opposing you as parties in a particular case. If this firm just happens to be representing various members of your family in different actions where you are not a party, then there is no conflict
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A:
Yes, this situation could potentially present a conflict of interest. When a law firm represents multiple family members in related cases, it may lead to competing interests, especially if those cases involve custody or family disputes. Since you have not given consent for your family members to be represented by the same firm, there may be ethical concerns regarding the firm’s ability to represent all parties without bias or divided loyalty.
You should raise this issue with the firm directly and discuss your concerns about the potential conflict. If the firm fails to address the issue, you may want to consider filing a formal complaint with the Ohio State Bar or seeking new legal representation to avoid any further complications. Having separate legal representation for each involved party may be necessary to ensure that your rights and interests are fully protected.
If you believe the conflict is affecting your case, you may also want to consult with an independent attorney to assess how best to proceed. The goal is to ensure that you are not at a disadvantage due to conflicting interests within the law firm.
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