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filing motion to withdraw counsel prevent future conflicts of intetest?

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Tkelley88

Junior Member
Arkansas
The attorney who represented me in a past case involving custody is representing a client against me in a new custody case, is this not a conflict of interests even if he withdrew from counsel on my behalf?
 


LdiJ

Senior Member
Arkansas
The attorney who represented me in a past case involving custody is representing a client against me in a new custody case, is this not a conflict of interests even if he withdrew from counsel on my behalf?
I have to admit that it does sound like a conflict of interest. You need to bring the issue up however. You need to let him know that you believe that it is a conflict of interest and that you intend to bring that up to the judge.
 

Zigner

Senior Member, Non-Attorney
I have to admit that it does sound like a conflict of interest. You need to bring the issue up however. You need to let him know that you believe that it is a conflict of interest and that you intend to bring that up to the judge.
Based on the scant information provided, you came to that conclusion?
 

LdiJ

Senior Member
Based on the scant information provided, you came to that conclusion?
Yes...

An attorney who represented HIM in a custody case is now representing his opponent in another custody case. That is a pretty basic conflict of interest. What more information do you need?
 

Zigner

Senior Member, Non-Attorney
Yes...

An attorney who represented HIM in a custody case is now representing his opponent in another custody case. That is a pretty basic conflict of interest. What more information do you need?
What if the kids are from different mothers? What if the attorney withdrew prior to even the first meeting? What if...what if...what if...
 

Just Blue

Senior Member
Arkansas
The attorney who represented me in a past case involving custody is representing a client against me in a new custody case, is this not a conflict of interests even if he withdrew from counsel on my behalf?
Please clarify this situation. Thanks.
 

Zigner

Senior Member, Non-Attorney
For information: https://courts.arkansas.gov/rules-and-administrative-orders/court-rules/rule-19-conflict-interest-former-client

(ETA - ya know...the rules and all...)
 

Tkelley88

Junior Member
The children are from different parents, but the attorney still has knowledge of my situation and is now going against me on the very things he defended me against. I've never signed a waiver of conflict of interest but he's telling me that his motion of withdraw prevents the CoI, I believe he's lying to me because I'm representing myself now.
 

Zigner

Senior Member, Non-Attorney
The children are from different parents, but the attorney still has knowledge of my situation and is now going against me on the very things he defended me against. I've never signed a waiver of conflict of interest but he's telling me that his motion of withdraw prevents the CoI, I believe he's lying to me because I'm representing myself now.
Frankly, different kids, different matter. It's not a conflict UNLESS he uses information gleaned during the former representation against you. What sensitive/confidential information that your attorney discovered in the prior (unrelated) matter is that attorney now using against you in this matter?
 

PayrollHRGuy

Senior Member
From the Arkansas Courts link

(a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation.
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?
 

LdiJ

Senior Member
Frankly, different kids, different matter. It's not a conflict UNLESS he uses information gleaned during the former representation against you. What sensitive/confidential information that your attorney discovered in the prior (unrelated) matter is that attorney now using against you in this matter?
I am sorry but I still disagree that this is not a classic conflict of interest. I would not be in the best interest of the OP, not to address this conflict of interest with the judge. If the judge rules that it is not a conflict of interest, so be it. However, I am fairly confident that the judge WILL see it as a conflict of interest.
 

Tkelley88

Junior Member
The attorney has already agreed that it would be a conflict of interest if it had not been for the motion of withdraw, if that's a truth or not is the question I'm asking. If he does or does not use the information against me is irrelevant, what is, is the fact he even has the opportunity to do that in the first place.
 

Zigner

Senior Member, Non-Attorney
I am sorry but I still disagree that this is not a classic conflict of interest. I would not be in the best interest of the OP, not to address this conflict of interest with the judge. If the judge rules that it is not a conflict of interest, so be it. However, I am fairly confident that the judge WILL see it as a conflict of interest.
Wait, are you really saying that the court rules don't matter as far as you're concerned? I may be wrong, but I posted links to the rules of court in the OP's state that support my position. How about you?
 

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