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representation / conflict of interest

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mewgly

Junior Member
in Arkansas

can a lawyer represent a plaintiff in a divorce case as well as the defendant in that case on a completely unrelated case?

rephrased: can a wife retain a lawyer specifically to handle her divorce if the husband has that same lawyer retained specifically to handle a custody case from his previous marriage?

please site law if able.

thanks.
 


mewgly

Junior Member
additional information: it is a purely no-fault divorce, so there are no legal "adverse interests".
 

LdiJ

Senior Member
I doubt that most attorneys would consider that to be acceptable ethics wise.
 

Ohiogal

Queen Bee
additional information: it is a purely no-fault divorce, so there are no legal "adverse interests".
Yes there are legal adverse interests. Legally a defendant and plaintiff on the same case have adverse interests. Hence, the attorney should not be doing this.
And again I have to say I agree with LD.
 

Mass_Shyster

Senior Member
Under the Arkansas Rules of Professional Conduct, it is possible for the attorney to do this, but only with the written consent of both parties.

The attorney owes a duty of loyalty the client (husband). Representing another party in litigation opposing that client would be breaching that duty.

1.7. CONFLICT OF INTEREST: CURRENT CLIENTS.

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another clients; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer,

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law:

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing,
 

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