Is it a Conflict of interest if...

[JadeGal]

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

I recently hired an attorney for my divorce and I found out after the fact that my attorney was with the same firm as the opposing party in the divorce. Is this considered a Conflict of interest and do I have any legal avenue to file a complaint or have any help in this matter?

 

[cyjeff]

Not at all.

The legal community is a small one and most of the players - especially in a small town or locality - know each other well.

 

[JadeGal]

Is the attorney required to disclose this information prior to representation or required to have me sign anything saying that it has been disclosed to me?

 

[cyjeff]

Is the attorney required to disclose this information prior to representation or required to have me sign anything saying that it has been disclosed to me?

No.

People work together and then stop.

Why would you believe this to be a conflict of interest?

 

[Mass_Shyster]

As I understand this, the same firm is representing opposing parties in a divorce. If this understanding is correct, it absolutely IS a conflict of interest, and a violation of the ABA Model Rules of Professional Conduct, as well as the Missouri Rules of Professional Conduct.

Rule 1.7 defines conflict of interest with current clients.

Rule 1.10 imputes the conflict of one attorney to all attorneys in the same firm.

 

[JadeGal]

Thank you very much. I thought I might be crazy, but when I asked if we could file an appeal, my attorney basically sent me a threatening letter saying I needed to send him $5000 immediately within the appeal timeframe. If I didn't, I must comply by the rules of the judgement and if I didn't I would be either fine or imprisoned.

 

[cyjeff]

Thank you very much. I thought I might be crazy, but when I asked if we could file an appeal, my attorney basically sent me a threatening letter saying I needed to send him $5000 immediately within the appeal timeframe. If I didn't, I must comply by the rules of the judgement and if I didn't I would be either fine or imprisoned.

I took from your post that your lawyer was FORMERLY with the other firm.

Is that incorrect?

As to the other, there are no debtor's prisons in the US.

 

[Mass_Shyster]

I took from your post that your lawyer was FORMERLY with the other firm.

Is that incorrect?

It's ambiguous.

I found out after the fact that my attorney was with the same firm as the opposing party

As to the other, there are no debtor's prisons in the US.

The threat of prison appears to be if OP does not comply with the judgment (contempt)

 

[cyjeff]

The threat of prison appears to be if OP does not comply with the judgment (contempt)

But that has nothing to do with the lawyer's bill.

 

[Mass_Shyster]

But that has nothing to do with the lawyer's bill.

It appears the attorney wants a retainer before filing the appeal. If OP doesn't pay the retainer with the appeals period, attorney will not file the appeal, leaving the judgment in place. If OP does not appeal, and does not abide by the judgment, OP will be in contempt.

This does not appear to be a threatening letter. It sounds pretty factual.