Possible Conflict - Divorce

[July88]

Another attorney in my lawyer's law firm is defending an ex-employee of my husband's company (husband is an owner). The lawsuit in question is concerning a non-compete agreement.

My husband is contending that this is a conflict of interest. That by representing the ex-employee, my law firm is hurting the company and therefore hurting me, as the company will be considered as part of the marital assets.

Any opinions on this?

Thanks!
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[las365]

This is an interesting situation. Are you an owner of the company?

Generally, as long as your attorney notifies you of any potential conflict or appearance of a conflict and you agree to representation anyway, there is not an ethical problem. If there is an actual conflict, the attorney would be obligated to withdraw from representation.

If the firm that is representing you against your husband is also representing someone else against him, that would appear on its face not to create any conflict at all. However, if winning for their other client could cause monetary damage to you, there may be a conflict.

I'm not a lawyer and so my knowledge of the rules of professional responsibility is not in-depth. Others who know more will be along to address your question, I'm sure.

[BoredAtty]

Originally Posted by las365

This is an interesting situation. Are you an owner of the company?

Generally, as long as your attorney notifies you of any potential conflict or appearance of a conflict and you agree to representation anyway, there is not an ethical problem. If there is an actual conflict, the attorney would be obligated to withdraw from representation.

If the firm that is representing you against your husband is also representing someone else against him, that would appear on its face not to create any conflict at all. However, if winning for their other client could cause monetary damage to you, there may be a conflict.

I'm not a lawyer and so my knowledge of the rules of professional responsibility is not in-depth. Others who know more will be along to address your question, I'm sure.

I'd say that's a pretty good analysis. It would be best for the OP's attorney to get her consent to the matter since it does raise questions, but regardless, I don't see it as something the husband has any say over as he is/was not a client.