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What is conflict of interest???

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cls0128

Junior Member
What is the name of your state (only U.S. law)? Ohio

I was referred to a lawyer that said he could not take my case cause of conflict of interest. I need to take my ex husband back to court because he backed out of our divorce agreement and for money that he owes me, so is he representing my ex? I also have unpaid bills so maybe the lawyer is a debt collector that was assigned to my case? My last lawyer and I didn't get along cause we didn't agree on certain things and that's the reason I'm looking for a new lawyer so I was also thinking that my old lawyer told some of the local lawyers not to take my case cause he's mad? I have no ideal what my ex could be taking me back to court for besides getting his child support payments lowered but this isn't the first time this has happened, when we first filed for divorce I called a lawyer that said the same thing and ended up being my ex husbands lawyer. I really need to know if it's possible that my ex has gotten a lawyer cause if he plans on taking me to court I need to start saving money for a lawyer, I was going to wait till after Christmas to deal with my ex but I don't need no surprises. Also if I posted in the wrong place please let me know. Thanks.
 


JETX

Senior Member
What is conflict of interest?
conflict of interest
n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for a customer, or when a public official's personal interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer.


Simply, the lawyer has NO obligation to represent you if he/she chooses not to.
 

cls0128

Junior Member
I should have added this before but the lawyer was going to take my case at first and set up a consultation for Monday then he called me back and said he did some research and can not take my case cause of conflict of interest.

His secretary called me twice and they were interested in taking my case and they set up an appointment for me to come in and then the lawyer calls back later on in the evening and was kinda rude when he told me that he could not take my case cause of conflict of interest. I asked him if my ex had retained him as an attorney and he of course would not tell me.
 
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JETX

Senior Member
I should have added this before but the lawyer was going to take my case at first and set up a consultation for Monday then he called me back and said he did some research and can not take my case cause of conflict of interest.

His secretary called me twice and they were interested in taking my case and they set up an appointment for me to come in and then the lawyer calls back later on in the evening and was kinda rude when he told me that he could not take my case cause of conflict of interest. I asked him if my ex had retained him as an attorney and he of course would not tell me.
Doesn't change anything.... as in my previous post:
Simply, the lawyer has NO obligation to represent you if he/she chooses not to.
 

Miranda79

Junior Member
It doesn't necessarily mean your ex has retained him. It could mean that he has represented your ex in the past as well or just simply consulted him. But like he said above, he does not have to take on your case, so find a different lawyer.
 

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