unfair coflict of interest??

[goldentractor]

What is the name of your state (only U.S. law)? Ga

My husband and I are divorcing, and I found out that he is using our son's friend's attourney-father. My son's friend is a close friend of his, one he has spent a lot of time with (overnight several times the past few years) and graduated with. I do not know this attourney personally, but my husband does. My concern is that this attourney already has a stake in this divorce, i.e. his son's friendship with my son and husband (son is 19 yrs old, and has clearly blamed me for the divorce). Do I have any rights regarding a request for him to get an unbiased attourney?

 

[MFinancier]

What is the name of your state (only U.S. law)? Ga

My husband and I are divorcing, and I found out that he is using our son's friend's attourney-father. My son's friend is a close friend of his, one he has spent a lot of time with (overnight several times the past few years) and graduated with. I do not know this attourney personally, but my husband does. My concern is that this attourney already has a stake in this divorce, i.e. his son's friendship with my son and husband (son is 19 yrs old, and has clearly blamed me for the divorce). Do I have any rights regarding a request for him to get an unbiased attourney?

If you can find an unbiased attorney...please pass his name along! Seriously though..it's tacky...but maybe he'll cut your husband a break on the bill....and just maybe he'll actually have a little more empathy for both of you! Get yourself a competent family law attorney and give your son enough credit for seeing the forrest for the trees.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Ga

My husband and I are divorcing, and I found out that he is using our son's friend's attourney-father. My son's friend is a close friend of his, one he has spent a lot of time with (overnight several times the past few years) and graduated with. I do not know this attourney personally, but my husband does. My concern is that this attourney already has a stake in this divorce, i.e. his son's friendship with my son and husband (son is 19 yrs old, and has clearly blamed me for the divorce). Do I have any rights regarding a request for him to get an unbiased attourney?

I don't think there's any such thing as an unbiased attorney. You have a right to object to a conflict of interest, but I just don't see this as a conflict of interest.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ga

My husband and I are divorcing, and I found out that he is using our son's friend's attourney-father. My son's friend is a close friend of his, one he has spent a lot of time with (overnight several times the past few years) and graduated with. I do not know this attourney personally, but my husband does. My concern is that this attourney already has a stake in this divorce, i.e. his son's friendship with my son and husband (son is 19 yrs old, and has clearly blamed me for the divorce). Do I have any rights regarding a request for him to get an unbiased attourney?

There is no such thing as an unbiased attorney. An attorney is SUPPOSED to be biased in favor of their client. Its their job to be. There is also nothing unethical about an attorney representing someone that they are friendly with, or that they have known for a long time.

You need your own attorney, who will be biased in YOUR favor.

 

[VeronicaLodge]

What is the name of your state (only U.S. law)? Ga

My husband and I are divorcing, and I found out that he is using our son's friend's attourney-father. My son's friend is a close friend of his, one he has spent a lot of time with (overnight several times the past few years) and graduated with. I do not know this attourney personally, but my husband does. My concern is that this attourney already has a stake in this divorce, i.e. his son's friendship with my son and husband (son is 19 yrs old, and has clearly blamed me for the divorce). Do I have any rights regarding a request for him to get an unbiased attourney?

my attorney friend was my attorney in my divorce, how is that a conflict of interest?

 

[seniorjudge]

What is the name of your state (only U.S. law)? Ga

My husband and I are divorcing, and I found out that he is using our son's friend's attourney-father. My son's friend is a close friend of his, one he has spent a lot of time with (overnight several times the past few years) and graduated with. I do not know this attourney personally, but my husband does. My concern is that this attourney already has a stake in this divorce, i.e. his son's friendship with my son and husband (son is 19 yrs old, and has clearly blamed me for the divorce). Do I have any rights regarding a request for him to get an unbiased attourney?

This is not even close to being a conflict of interest...fair or unfair.

 

[nextwife]

It's only a conflict if this attorney has represented you in the past. There is NOTHING unethical about an attorney representing a friend or aquaintance!

 

[goldentractor]

Yes, I guess that makes sense, I was not concerned so much with the fact that his attourney will try hard for him being his friend, but more so to the details -true or untrue-that will be/have been provided by my son well before the divorce. I guess that my husband is lucky he has an inside spy that has provided information down to the point of what he heard standing outside the bedroom door, matters that I cannot provide a "witness" to for sake of protesting. I think that if he didn't know this attourney personally, he wouldn't be so apt to sit around the fireplace at his house with him telling all our dirty little secrets. This is why it seems a conflict of interest, his attourney has been provided with information from my son that is untrue, but it will be 2 against one, and I find it hard to defend against 2 adults in the house.

I thought that attourneys were like physicians, supposed to not get personally involved in their cases--I'm not talking about passionate in the process, but personal, as in personally--not generally (like hating all animal abusers vs hating John Smith well beforehand) biased BEFORE taking the case. Seems like it would sway them from following the letter of the law--just as a physician might be swayed from practicing to the letter of medicine if they had previous personal ties with the patient.

 

[LdiJ]

Yes, I guess that makes sense, I was not concerned so much with the fact that his attourney will try hard for him being his friend, but more so to the details -true or untrue-that will be/have been provided by my son well before the divorce. I guess that my husband is lucky he has an inside spy that has provided information down to the point of what he heard standing outside the bedroom door, matters that I cannot provide a "witness" to for sake of protesting. I think that if he didn't know this attourney personally, he wouldn't be so apt to sit around the fireplace at his house with him telling all our dirty little secrets. This is why it seems a conflict of interest, his attourney has been provided with information from my son that is untrue, but it will be 2 against one, and I find it hard to defend against 2 adults in the house.

I thought that attourneys were like physicians, supposed to not get personally involved in their cases--I'm not talking about passionate in the process, but personal, as in personally--not generally (like hating all animal abusers vs hating John Smith well beforehand) biased BEFORE taking the case. Seems like it would sway them from following the letter of the law--just as a physician might be swayed from practicing to the letter of medicine if they had previous personal ties with the patient.

That is why you need your own attorney....to keep his from straying from the letter of the law.

Besides that, don't you think that he would take your son to talk to ANY attorney that represented him?

 

[majomom1]

Yes, I guess that makes sense, I was not concerned so much with the fact that his attourney will try hard for him being his friend, but more so to the details -true or untrue-that will be/have been provided by my son well before the divorce. I guess that my husband is lucky he has an inside spy that has provided information down to the point of what he heard standing outside the bedroom door, matters that I cannot provide a "witness" to for sake of protesting. I think that if he didn't know this attourney personally, he wouldn't be so apt to sit around the fireplace at his house with him telling all our dirty little secrets. This is why it seems a conflict of interest, his attourney has been provided with information from my son that is untrue, but it will be 2 against one, and I find it hard to defend against 2 adults in the house.

I thought that attourneys were like physicians, supposed to not get personally involved in their cases--I'm not talking about passionate in the process, but personal, as in personally--not generally (like hating all animal abusers vs hating John Smith well beforehand) biased BEFORE taking the case. Seems like it would sway them from following the letter of the law--just as a physician might be swayed from practicing to the letter of medicine if they had previous personal ties with the patient.

The attorney cannot testify and his personal opinion is just that - an opinion. He cannot talk to you about the case "'as a friend" or even question you. He still has to prove the case in court. I'm not sure what dirty little secrets you have or what was heard standing outside the bedroom door, but two adults against one doesn't always guarantee anything and your son may not be the best witness, in this case.

What are you really worried about? Do you have other children, or just the 19 year old? If there are no other children - then all you have to deal with is the property. Get your own attorney and stick to the relevant issues.

 

[seniorjudge]

...

I thought that attourneys were like physicians, supposed to not get personally involved in their cases--I'm not talking about passionate in the process, but personal, as in personally--not generally (like hating all animal abusers vs hating John Smith well beforehand) biased BEFORE taking the case. Seems like it would sway them from following the letter of the law--just as a physician might be swayed from practicing to the letter of medicine if they had previous personal ties with the patient.

...

You thought wrong.

The kind of thing you describe is so common that it is literally unremarkable.