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can husband hire same attorney

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What is the name of your state?texas I have used an lawyer in the last couple months for a real estate matter can he now use that lawyer for our divorce. My favorite att. he should get his own. I did also speek to her about a divorce but was unsure about a divorce then, and didnt persue one. Can he use my lawyer?
 


Dandy Don

Senior Member
The attorney IS NOT exclusively YOUR lawyer. Since this lawyer never represented you in regards to a divorce action, then husband is free to hire their services.
 

HomeGuru

Senior Member
Dandy Don said:
The attorney IS NOT exclusively YOUR lawyer. Since this lawyer never represented you in regards to a divorce action, then husband is free to hire their services.

**A: Dandy Dunce, you see absolutely no conflict of interest here?
 

Dandy Don

Senior Member
There is a typo in the misspelling of my name. Yes, I see a conflict of interest but it is so minor that it does not make much difference. Husband has the right to hire any attorney he wants--so what if the attorney knows about a real estate transaction?
 

stephenk

Senior Member
if the wife consulted with the attorney about filing a divorce, the hubby cannot now retain that attorney for himself. The consultation with the wife would include priviliged information. The attorney should recuse herself from the case because the attorney already spoke with the wife. The wife can also file a motion to have the attorney recused. But, the attorney will then not be able to represent the wife either. The attorney is just out of the case for both sides.
 
Put her on retainer?

What about having her on a retainer, would that work? It would be worth the money, she is the best around here. Wow I'm fighting over the lawyer too,
 

stephenk

Senior Member
The problem is that the attorney has consulted with you and your hubby. She can't be the attorney for either of you regarding the divorce.
 
No , they are two separate lawyers one a realestate lawyer and the other divorce.{same firm} No way would I want my realestate lawyer handle my divorce. I would however like one of the Enron lawyers to consult for me :D
 
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