Conflict of priviledged rights

[216love]

State of Michigan

My boyfriend hired a lawyer to assist in getting his name on the birth certificate of his daughter? After approximately 9 months the case was dismissed because the child's mother ex-boyfriend signed an affidavit of parentage. His attorney indicated that the case was dismissed because the wrong order was filed. The attorney blamed him for not telling him an affdiavit was filed; however, he did not know. The only thing he knew was that the other guy's name was on the birth certificate. My boyfriend told him that he came to him for his expertise and was under the impression that he would have requested all documentation filed. After a heated conversation and my bofyriend walking out of the office, the attorney then decided to retain the child's mother who later filed the same suit, Complaint To Establish Paternity, against my boyfriend. Isn't this a conflict of interest since the attorney has priviledged information?

 

[Ohiogal]

State of Michigan

My boyfriend hired a lawyer to assist in getting his name on the birth certificate of his daughter? After approximately 9 months the case was dismissed because the child's mother ex-boyfriend signed an affidavit of parentage. His attorney indicated that the case was dismissed because the wrong order was filed. The attorney blamed him for not telling him an affdiavit was filed; however, he did not know. The only thing he knew was that the other guy's name was on the birth certificate. My boyfriend told him that he came to him for his expertise and was under the impression that he would have requested all documentation filed. After a heated conversation and my bofyriend walking out of the office, the attorney then decided to retain the child's mother who later filed the same suit, Complaint To Establish Paternity, against my boyfriend. Isn't this a conflict of interest since the attorney has priviledged information?

Yes it is a conflict. The attorney should NOT be representing your boyfriend's ex against him in paternity suit. Your boyfriend should file a complaint with the Bar Association.

 

[Zigner]

Yes it is a conflict. The attorney should NOT be representing your boyfriend's ex against him in paternity suit. Your boyfriend should file a complaint with the Bar Association.

I suspect you've fallen victim to the whole "3rd party doesn't have all the info" trick...

 

[ecmst12]

First of all, the attorney does not retain the client. Second of all, isn't establishing paternity what he WANTED to happen in the first place???

 

[216love]

@ohiogal: thank you. that's what we thought in the first place but as zigner indicated, I may not have all the information. It just didn't sound right to me.

@ecmst12: Okay the client retained the attorney and yes it is what he wanted. I just thought it was odd that the same attorney would take her case.

@zigner: You are more than likely right.