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  #1  
Old 07-27-2007, 05:39 PM
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Join Date: Jul 2007
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Conflict of Interest


What is the name of your state? MO

I would like to know if this is conflict of interest please. I am currently involved in a custody issue with my ex. Our teen son (a new driver) got a warning ticket and a speeding ticket all in the same weekend.

My ex used his attorney (the same one that is handling our custody issue) to plead our son's ticket down. I was not consulted about any of this. I did not want the ticket pleaded down, I want our son to pay the consequences, but my ex doesn't feel that this is any of my business.

Does this create a conflict of interest for my ex as far as our custody issue? Can this attorney represent my son AND the custody issues?

Thank you.What is the name of your state?
  #2  
Old 07-27-2007, 05:42 PM
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Location: St. Odo of Cluny Parish
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There are two people involved in the lawsuit: ma and pa.

There is one person involved in the criminal case: son.

While I do not think that technically (and the whole law is nothing but technicalities) the lawyer has a conflict, had I been that lawyer, I would've declined to represent the son.
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  #3  
Old 07-27-2007, 07:40 PM
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Thank you.

I knew there was probably a fine line there, yet our custody issues stem from these type of things... warning tickets, speeding tickets, too many kids in the car, not being where he is supposed to be etc..

I currently have physical custody. Teen only has access to the car when he is with my ex... and that is when he gets in trouble. Of course now my ex wants custody and my son wants to go because that is where the car is. There seem to be no limits or boundaries being set for him so of course that is where he would rather be.

I am annoyed that this attorney took my son's case for that reason. I had hoped that an attorney on a custody case would put the kids best interest first and insist that the parent do the same. My attorney expects that from me.

Thank you again.
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