Conflict of interest

[Pinkcar]

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

In October 2008, I signed a standard fee agreement with a large law firm so that my daughter could have a lawyer for a modification of custody against her ex-husband. Recently, they have reconciled (again for the 12th time), (both heavy drug users, abusive, etc.) and we have filed a motion for 3rd party custody. On Friday, an emergency hearing took place. The attorney for my daughter argued against me.

Here's the kicker: In the early 90's, I had hired his firm to represent me on another matter. His firm failed to research for conflict of interest.

Him continuing to represent her is a conflict of interest, in my opinion. The duty of loyalty owed to a client prohibits an attorney or law firm from representing any other party with interests, especially that the same firm will not represent both parties in a divorce or child custody case.

Any additional information or advice would be very helpful.

[las365]

1. The fact that the attorney or firm represented you in an unrelated matter almost 20 years ago would not prohibit them from representing your daughter in this matter, UNLESS the attorney had knowledge of privileged information from case #1 that he uses to your detriment in case #2.

2. Was the contract for case #2 for the attorney to represent you, or your daughter? It sounds as if you hired the lawyer to represent your daughter, not you, and that he is representing her per his contractual agreement. It gets a little messy because you paid him (apparently) but it sounds as if his current obligation as a lawyer is to her.

3. You are in a difficult position, in my opinion, in that you felt your daughter was a fit parent when you sought to help her modify custody. Now you apparently think she is unfit. I understand that you believe you have valid reason to have changed your opinion, but based on the repeated pattern of breaking up, getting back together and both of them being heavy drug users and being abusive, it may be hard to show the Court why it was fine then but not fine now.

I don't think you have any beef with the lawyer for doing what he was hired to do.

[Pinkcar]

Maybe I need to give more information:

The firm/lawyer filed motions against me to kick us off the case and filed for us to pay her attorney fees ergo he/firm is going against me though I was a previous client of the firm.

I did not sign anything other than an agreement to pay the fees of which he was notified that as of March 5, 2009, I would no longer be responsible. When we filed the emergency petition, their firm should have looked for conflict of interest before filing against us.

When I was originally trying to find someone for her, we contacted several law firms and were met numerous times that they could not take the case because they had represented her ex-husband years before in juvenile court for criminal matters. Conflict of interest came up several times and I would think that it would apply here as well. I was their client first.

This is a large, high profile law firm and conflict of interest should have been checked immediately for them to file motions against me but maybe I'm not understanding or did not give enough information.

The matter with her being fine one day and not the next is a complex situation as she is a drug user with very refined con skills.

[las365]

I still don't think her lawyer is conflicted out of representing her by virtue of having represented you in an unrelated matter a long time ago.

Focusing on the lawyer seems like a distraction to me.

[Pinkcar]

I so appreciate your opinion. It does appear to be a distraction. There are so many elements in this case that this is just one distraction on top of another. The kids are the focus.

I will turn this over to my attorneys and let them handle. Thank you again.