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Conflict in representing me

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J

jlb

Junior Member
I live in Oregon....recently I had a consultation with a lawyer about a family law issue. They checked their system for my exhusband's name...no conflict.

I met with the lawyer.

I week later I get my money back with a statement that after he met with me, he learned of a conflict.

The only kind of explanation I could get from him was that it was not a client matter. Meaning...he hadn't spoken with my ex? Meaning my ex's lawyer (different firm, different town) hadn't consulted with him about the case?

So....what kind of other conflicts are there? It really TICKS me off that he didn't "learn" of this conflict beforehand. I just feel like my panties are around my ankles here.
 


S

seniorjudge

Senior Member
jlb said:
I live in Oregon....recently I had a consultation with a lawyer about a family law issue. They checked their system for my exhusband's name...no conflict.

I met with the lawyer.

I week later I get my money back with a statement that after he met with me, he learned of a conflict.

The only kind of explanation I could get from him was that it was not a client matter. Meaning...he hadn't spoken with my ex? Meaning my ex's lawyer (different firm, different town) hadn't consulted with him about the case?

So....what kind of other conflicts are there? It really TICKS me off that he didn't "learn" of this conflict beforehand. I just feel like my panties are around my ankles here.
Click to expand...
A lawyer does not have to tell a potential client why he does not want to take a case.
 
J

jlb

Junior Member
I realize that they don't have to tell me why they don't want to take the case. However it would be highly unethical to consult with me if he had already consulted with my ex. He says that is not the reason...so...that is why I was asking what other reasons there could be that he wouldn't want to take the case, or if there was something else that would create a conflict? I'm curious because I as I'm looking around for another lawyer....I just feel vulnerable.
 
B

badapple40

Senior Member
There are a lot of potential conflicts. One could be that he would have to take a position in your case that would be opposite positions he has taken for existing clients in their case. It might have nothing to do with you or your ex, but have to do with the legal issues involved.

Contrary to notions held by the public, it puts lawyers in an awkward spot to go in front of the same judge and take opposite positions on legal issues or the application of a similar set of facts arguing for different outcomes.
 
J

jlb

Junior Member
badapple...thanks. That's interesting and something I hadn't thought of...or knew to think of, I mean.
 
S

seniorjudge

Senior Member
jlb said:
badapple...thanks. That's interesting and something I hadn't thought of...or knew to think of, I mean.
Click to expand...
It would be good of you to relate your experience with the first lawyer to the next one you try to hire so that the new one will know you are a bit skittish about this whole thing.
 
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