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divorce consultation

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M

mobomaxwell

Junior Member
If I pay for an attorney consultation regarding a possible divorce, would that prohibit my spouse from using that attorney if a divorce is eventually filed for?
 


LdiJ

LdiJ

Senior Member
mobomaxwell said:
If I pay for an attorney consultation regarding a possible divorce, would that prohibit my spouse from using that attorney if a divorce is eventually filed for?
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Are you trying to avoid having your spouse's attorney end up with knowledge about you that would give him/her the upper hand....or is your plan to consult the attorney he/she would want to use, just so /heshe could not use him/her?

For the most part you consulting that attorney would make it a conflict of interest for the attorney to represent your spouse. However, if you spend 30 minutes with the attorney now, and a divorce doesn't happen until many years down the road, where the attorney would have no memory of you or your consult, it might not matter.
 
M

mistoffolees

Senior Member
LdiJ said:
Are you trying to avoid having your spouse's attorney end up with knowledge about you that would give him/her the upper hand....or is your plan to consult the attorney he/she would want to use, just so /heshe could not use him/her?

For the most part you consulting that attorney would make it a conflict of interest for the attorney to represent your spouse. However, if you spend 30 minutes with the attorney now, and a divorce doesn't happen until many years down the road, where the attorney would have no memory of you or your consult, it might not matter.
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It's possible that intentional fraud might make it OK for 'his' attorney to represent the stbx. For example, if it's a small town and there are only a few divorce attorneys and he goes around and puts a retainer down for each one to try to keep his wife from using them - but never consults with them, there might not be a conflict of interest.
 
LdiJ

LdiJ

Senior Member
mistoffolees said:
It's possible that intentional fraud might make it OK for 'his' attorney to represent the stbx. For example, if it's a small town and there are only a few divorce attorneys and he goes around and puts a retainer down for each one to try to keep his wife from using them - but never consults with them, there might not be a conflict of interest.
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That's along the lines of what I was getting at.
 
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