Is this conflict of interest?

North carolina...Is this conflict of interest? divorced 4 yrs ago. 2 yrs ago, my ex sued me for full custody of our son. for 2 yrs, we had been sharing custody and costs 50/50. Problems with my attorney resulted in me representing myself against my ex's attorney. Lawful or not, in my county, without an attorney, you automatically lose. I proved my case against him and proved he and his witnesses lied (under oath) the baliff lost his job because of comments he made out loud when he saw that I was losing.
In the trial, my ex and attorney used my current boyfriend against me because we were living together unmarried and because of troubles he was having with his ex and their children. Now this same attorney is trying to represent my boyfriends ex in her case against him where he will try to use me against my boyfrind in the same manner he used him against me. Can this attorney lawfully represent my boyfriends ex given the history of my case and the visious cirle of people it involves? If not, is there anything we can do if he proceeds to represent her anyway?

Originally posted by legalwitch
North carolina...Is this conflict of interest? divorced 4 yrs ago. 2 yrs ago, my ex sued me for full custody of our son. for 2 yrs, we had been sharing custody and costs 50/50. Problems with my attorney resulted in me representing myself against my ex's attorney. Lawful or not, in my county, without an attorney, you automatically lose. I proved my case against him and proved he and his witnesses lied (under oath) the baliff lost his job because of comments he made out loud when he saw that I was losing.
In the trial, my ex and attorney used my current boyfriend against me because we were living together unmarried and because of troubles he was having with his ex and their children. Now this same attorney is trying to represent my boyfriends ex in her case against him where he will try to use me against my boyfrind in the same manner he used him against me. Can this attorney lawfully represent my boyfriends ex given the history of my case and the visious cirle of people it involves? If not, is there anything we can do if he proceeds to represent her anyway?

[nailtech]

I'm not a lawyer just my opinion, but i'm not seeing a conflict of interest... I see someone who maybe has it in for you... run to the nearest large town and find another attorney who does not play small town politics... I think in small towns everyone is related to everyone so if they couldnt council people who are attached in some way, they wouldn't have any clients... I would see a conflict if he represented your ex then in return represented you... then again if your ex's case is not open they may still be able to represent you afterwards, just my opinion...(i know you said county, I only assume small town)

My county is very "small town" like and it's all about politics...you're right...my ex and my boyfriends ex both have it in for us. My ex is obsessed with making my life hell because I left him...nobody leaves him! Anyway...I read something somewhere about an attorney using information from another case he represented in a new one being "conflict of interest." If my boyfriend and I were not associated...then his ex would be just another client. But the 2 cases are directly related. I have credible people who can testify to the fact that the ruling in my case was bulls--t which may alleviate any damage done by false information used from my prior case but I thought there were laws to protect people from this very thing. I assume this particular attorney would know whether or not this was conflict of interest but his ethics aren't the greatest and I wanted to be able to stop him (laws permitting) before it becomes an issue.

[nailtech]

[URL=http://www.ncbar.com/index.asp]NC state bar association-main page[/URL]


here hope this helps, you can do a search on ethics or conflicts of Interest... or call them...

[nailtech]

I spoke to a lawyer friend today about the ethics...

what she told me is..."Yes it is a conflict of interest, you can not use information received in one case against another person in another case... or you could lose your licenses"

report them to the Bar if this is true... my opinion...

the hypothedical senerio she gave me is...


if she had a male client come in and tell her he has had and affair and told her who he was sleeping with,.... the in a couple of days the wife finds out he's cheating comes in and wants her to represent her in a divorce, she can not represent the wife because she knows the man had and affair and with whom....

see my point?
here is the code I think you need...

[url]http://www.ncbar.com/eth_op/ethics_sel.asp?ID=144&LIST=title&BACK=[/url]'ethics_o.asp'

I think you're right. Thank you so much. I will check out the links you sent. The NC Bar site you sent was very helpful too...thanks.