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filing motion to withdraw counsel prevent future conflicts of intetest?

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Zigner

Senior Member, Non-Attorney
From the Arkansas Courts link



How is not another custody case not a "a substantially related matter" even if it is different kids?

To the OP, have you run this by your current lawyer?
It's not related, just as a speeding ticket today is not related to a speeding ticket next week. Or a DV case today is not related to a DV case in two years (involving a different party). There are acts that the opposing attorney may take that would violate the court rules, but the simple fact that they are both custody matters does not make them related.
 


Zigner

Senior Member, Non-Attorney
The attorney has already agreed that it would be a conflict of interest if it had not been for the motion of withdraw, ...
You may think that's what the attorney said, but I suspect that you heard one thing and have convinced yourself that something different was said.
 

Tkelley88

Junior Member
It's not related, just as a speeding ticket today is not related to a speeding ticket next week. Or a DV case today is not related to a DV case in two years (involving a different party). There are acts that the opposing attorney may take that would violate the court rules, but the simple fact that they are both custody matters does not make them related.
Like I said, the attorney agreed that it would be a conflict of interest if not for the motion to withdraw counsel, this is the part I believe isn't true.
 

Tkelley88

Junior Member
You may think that's what the attorney said, but I suspect that you heard one thing and have convinced yourself that something different was said.
No, that is exactly what he said. At first he told me that I signed a waiver of some sort, I went to the clerks office and found that to be false, then he said it was because of the MTWC that prevented future CoI's. The case involves all the same information against me that I beat, with his help in the first place. How under any circumstances can he now support accusation against me that he previously defended me against knowing he has first hand knowledge of my situation?
 

Zigner

Senior Member, Non-Attorney
No, that is exactly what he said. At first he told me that I signed a waiver of some sort, I went to the clerks office and found that to be false, then he said it was because of the MTWC that prevented future CoI's. The case involves all the same information against me that I beat, with his help in the first place. How under any circumstances can he now support accusation against me that he previously defended me against knowing he has first hand knowledge of my situation?
I don't know what your case involves, nor do I know what information you feel he is using that he wouldn't be able to use had he not previously represented you. In other words, it all depends. It can't hurt to try to mention this in open court so the judge is aware of the matter...you may need to file a motion.
 

Tkelley88

Junior Member
I don't know what your case involves, nor do I know what information you feel he is using that he wouldn't be able to use had he not previously represented you. In other words, it all depends. It can't hurt to try to mention this in open court so the judge is aware of the matter...you may need to file a motion.
Thank you for your help, I just feel like he is lying to me because of my inexperience. Everything I've researched has secured my belief it is a CoI, I would really like to know if a MTWC does intact relieve him of future possible CoI's before I'm force to pay for filing a motion against him.
 

Zigner

Senior Member, Non-Attorney
Thank you for your help, I just feel like he is lying to me because of my inexperience. Everything I've researched has secured my belief it is a CoI, I would really like to know if a MTWC does intact relieve him of future possible CoI's before I'm force to pay for filing a motion against him.
Again, it depends.

I've hinted at it before, but without knowing what confidential information he is using against you that he gleaned during his previous representation, there's really no way for us to know if it's a conflict of interest.

For example: If you gave him your address, and he know is using your address to serve you documents, that is not a conflict of interest. However, if you told him that you like to sleep in pink nighties and play with barbies, then using that previously unknown information could be seen as a conflict.
 

LdiJ

Senior Member
Thank you for your help, I just feel like he is lying to me because of my inexperience. Everything I've researched has secured my belief it is a CoI, I would really like to know if a MTWC does intact relieve him of future possible CoI's before I'm force to pay for filing a motion against him.
Its not his job to tell you the truth. Its his job to represent his client to the best of his ability. Its YOUR job to establish that there is a conflict of interest. Therefore, you are going to have to file a motion with the court.
 

Just Blue

Senior Member
Thank you for your help, I just feel like he is lying to me because of my inexperience. Everything I've researched has secured my belief it is a CoI, I would really like to know if a MTWC does intact relieve him of future possible CoI's before I'm force to pay for filing a motion against him.
Honest to God...You really need an attorney to assist.
 

Tkelley88

Junior Member
Again, it depends.

I've hinted at it before, but without knowing what confidential information he is using against you that he gleaned during his previous representation, there's really no way for us to know if it's a conflict of interest.

For example: If you gave him your address, and he know is using your address to serve you documents, that is not a conflict of interest. However, if you told him that you like to sleep in pink nighties and play with barbies, then using that previously unknown information could be seen as a conflict.
I understand what you are saying, and yes there is information that he and I discussed that could have been brought up in court, some of the things were and we defended successfully, some of the things did not come up. That information I am not comfortable with him knowing, especially since it was in confidence. But if you take away everything about the case and think about only a single question, under any circumstances does simply filing a motion to withdraw as counsel in any way prevent future conflicts of interest being a possibility?
 

LdiJ

Senior Member
I understand what you are saying, and yes there is information that he and I discussed that could have been brought up in court, some of the things were and we defended successfully, some of the things did not come up. That information I am not comfortable with him knowing, especially since it was in confidence. But if you take away everything about the case and think about only a single question, under any circumstances does simply filing a motion to withdraw as counsel in any way prevent future conflicts of interest being a possibility?
It might be possible if they withdrew before having any discussion with you at all...without having learned any confidential information. However, once they learned any confidential information, it became completely untrue.
 

Tkelley88

Junior Member
It might be possible if they withdrew before having any discussion with you at all...without having learned any confidential information. However, once they learned any confidential information, it became completely untrue.
He was with me nearly every step of the way, the only thing I did on my own in that case was make my final appearance and to receive final orders. He was my attorney throughout the entire case until the very end.
 

Zigner

Senior Member, Non-Attorney
I understand what you are saying, and yes there is information that he and I discussed that could have been brought up in court, some of the things were and we defended successfully, some of the things did not come up. That information I am not comfortable with him knowing, especially since it was in confidence. But if you take away everything about the case and think about only a single question, under any circumstances does simply filing a motion to withdraw as counsel in any way prevent future conflicts of interest being a possibility?
If the information that was learned is confidential in nature and is never used as part of the current proceedings, then it's irrelevant, as is your "single question".
 

Tkelley88

Junior Member
If the information that was learned is confidential in nature and is never used as part of the current proceedings, then it's irrelevant, as is your "single question".
He has already counseled me in a custody case involving the same accusation, defended me successfully. Now he is supporting the same accusations that he defended me against, that is clearly conflict of interest. Him having any information about me that could positively direct the outcome of his new clients case (used or not) is a clear conflict of interest. Your answer is irrelevant due to the fact that the question is only whether or not filing a motion to withdraw counsel prevents conflicts of interest to be possible. If that is the case then any attorney who has filed a MTWC is simply immune to CoI's.
 

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