is this a conflict of interest?

[hockeynut67]

I'm going through a divorce. My spouse switched lawyers and went to a different law firm. I've gotten nowhere with the lawyer I have and I was strongly urged to go with this other lawyer. However, this lawyer is a senior partner from the original firm my spouse obtained a lawyer from. Can I still use this lawyer or is it a conflict of interest?

 

[Bali Hai]

I'm going through a divorce. My spouse switched lawyers and went to a different law firm. I've gotten nowhere with the lawyer I have and I was strongly urged to go with this other lawyer. However, this lawyer is a senior partner from the original firm my spouse obtained a lawyer from. Can I still use this lawyer or is it a conflict of interest?

I would say no there would not be a conflict, but I caution you that no matter what lawyer you have, you will find that you won't get anywhere with any of them. These lawyers and judges go to summer picnics and clambakes together.

I fired 4 lawyers and spent thousands of dollars before I came to the realization that the system is rigged in favor of women.

 

[Isis1]

I would say no there would not be a conflict, but I caution you that no matter what lawyer you have, you will find that you won't get anywhere with any of them. These lawyers and judges go to summer picnics and clambakes together.

I fired 4 lawyers and spent thousands of dollars before I came to the realization that the system is rigged in favor of women.

aye bali....sometimes....you really need to take a break.

OP, not all lawyers are they way Bali described.

 

[mistoffolees]

I'm going through a divorce. My spouse switched lawyers and went to a different law firm. I've gotten nowhere with the lawyer I have and I was strongly urged to go with this other lawyer. However, this lawyer is a senior partner from the original firm my spouse obtained a lawyer from. Can I still use this lawyer or is it a conflict of interest?

I would ask the attorney. THEY are the ones who can get in trouble for a conflict of interest.

 

[Proserpina]

aye bali....sometimes....you really need to take a break.

OP, not all lawyers are they way Bali described.

Very true.

And let's face it, an attorney can only work with what they have...if you get my point.

 

[hockeynut67]

The reason I asked the question is because I did call a senior partner in this firm that my wife originally used. I was told he was the best in town. So I called his secretary, answered her questions and made and appointment. About 20 minutes later she called to tell me that the lawyer could not work with me due to a conflict and she could not say any more than that.

I was concerned that I might get a response like that. But then a few days later I got an email from my wife. She's having an affair with her boss. Anyways there are rumors floating all over town and she thinks I'm the one to blame. I was at a place of business and someone that knows me asked me some questions about what's going on and so we started to talk about things. Well somehow this gets back to my wife and now she says that she found out and that there will be some lawsuits made against me. Probably by her boss. So then I got to thinking maybe her boss already retained that lawyer as his business uses that firm exclusively. I guess they want to go after me for slander or defamation or something. That would be my guess as she said me "spreading lies all over town will not be tolerated". It's the first time I spoke to anyone in town about the matter. So I don't know if that's possible. I pretty much just stated correct facts. Anyone think I have anything to worry about?

 

[Proserpina]

The reason I asked the question is because I did call a senior partner in this firm that my wife originally used. I was told he was the best in town. So I called his secretary, answered her questions and made and appointment. About 20 minutes later she called to tell me that the lawyer could not work with me due to a conflict and she could not say any more than that.

That's all fine.

I was concerned that I might get a response like that. But then a few days later I got an email from my wife. She's having an affair with her boss. Anyways there are rumors floating all over town and she thinks I'm the one to blame.

She's entitled to think that, no matter what the truth actually is.

I was at a place of business and someone that knows me asked me some questions about what's going on and so we started to talk about things. Well somehow this gets back to my wife and now she says that she found out and that there will be some lawsuits made against me.

This, I see is your problem.

Would it be accurate to say that you made certain assumptions and shared these with a third party?

Probably by her boss. So then I got to thinking maybe her boss already retained that lawyer as his business uses that firm exclusively. I guess they want to go after me for slander or defamation or something. That would be my guess as she said me "spreading lies all over town will not be tolerated". It's the first time I spoke to anyone in town about the matter. So I don't know if that's possible. I pretty much just stated correct facts. Anyone think I have anything to worry about?

We have no idea what you said or alleged. Therefore it's impossible to say whether or not the other party has a valid case for defamation.

 

[hockeynut67]

I just stated facts mostly. Only one assumption about her siblilng. But as for the rest I was just pointing out things her boss has done for her and with her such as buying gifts, car, taking her out on a one day trip while she was still living with me and how she is keeping our kids away from me. Which is what started the conversation. I was asked about if I was having the kids for Christmas and because my wife pulled some stunts such as making allegations against me to some ministry of children and family (which was dropped within 3 days) and she said not to pick the kids up from school and when I was told by the ministry that if I have joint custody then I have no reason to not have or see my kids. Yet my wife still will not allow it. She stopped my son from being allowed to email me. We've been apart for a year and I don't have an address or telephone number of where she and the kids live. I always have to meet at a neutral location. So I hope this clarifies things...

But I'm still curious about the lawyer thing as well.

That's all fine.

She's entitled to think that, no matter what the truth actually is.

This, I see is your problem.

Would it be accurate to say that you made certain assumptions and shared these with a third party?
We have no idea what you said or alleged. Therefore it's impossible to say whether or not the other party has a valid case for defamation.

 

[Proserpina]

Where are you located?

(Which US state?)

 

[hockeynut67]

I'm from Canada... does that change definitions or determinations? I'm not going to hold anyone to their opinion. I've just not found a site as good as this for Canadians. So I would still appreciate an opinion. If that's alright?? If not, my apologies. I'm just appreciating the feedback.

Where are you located?

(Which US state?)

 

[Proserpina]

I'm from Canada... does that change definitions or determinations? I'm not going to hold anyone to their opinion. I've just not found a site as good as this for Canadians. So I would still appreciate an opinion. If that's alright?? If not, my apologies. I'm just appreciating the feedback.

Then I'm sorry, but you need to find a Canadian law forum; the laws about defamation and attorney ethics and violations vary so greatly between even states in the US, let alone the two countries.

Have you tried this one? (I can't recommend it because I'm just not too familiar, but the posters seem at least relatively okay with the site )

http://legal.advicescene.com/ca/questions

 

[hockeynut67]

Thank you for the link... I'll check it out.

Then I'm sorry, but you need to find a Canadian law forum; the laws about defamation and attorney ethics and violations vary so greatly between even states in the US, let alone the two countries.

Have you tried this one? (I can't recommend it because I'm just not too familiar, but the posters seem at least relatively okay with the site )

http://legal.advicescene.com/ca/questions

 

[Ohiogal]

I would say no there would not be a conflict, but I caution you that no matter what lawyer you have, you will find that you won't get anywhere with any of them. These lawyers and judges go to summer picnics and clambakes together.

I fired 4 lawyers and spent thousands of dollars before I came to the realization that the system is rigged in favor of women.

You would be wrong. If it is in the USA, That is a conflict. If someone uses a law firm everyone in the law firm is conflicted out. Unless this is a NEW person who was not there at the time his wife was repped there AND a "chinese wall" was erected.

 

[stealth2]

But I'm still curious about the lawyer thing as well.

If the lawyer/his secretary told you there's a conflict, you need to find a different lawyer. Regardless of what issue is causing the conflict.

As for the rest, there is a reason the initial post asks what state you are in AND says "US law only)...

 

[conflict101]

Hey OP, Could you perhaps just look for a lawyer that is in another part of Canada? I don't know if they are called provinces or territories or what but maybe put some distance between law firms. Many laws firms are connected in some way or another so distance may not be enough either GL.