Conflict of Interest even if not Represented

[daniellew]

What is the name of your state (only U.S. law)? NC

If I get a new attorney to represent me, can the attorney I let go represent or even advise my spouse? It seems like this would not legally be allowed as it would be unethical or a conflict of interest. Thanks for your time.

 

[LdiJ]

What is the name of your state (only U.S. law)? NC

If I get a new attorney to represent me, can the attorney I let go represent or even advise my spouse? It seems like this would not legally be allowed as it would be unethical or a conflict of interest. Thanks for your time.

Under normal circumstances no, your old attorney could not represent your wife as it would be a conflict of interest. However, if by any chance you and your wife were originally using one attorney, and your wife was the official client, even if you were the one paying for it, then that attorney could continue to represent your wife...because in that scenario, the attorney never was your attorney.

 

[quincy]

What is the name of your state (only U.S. law)? NC

If I get a new attorney to represent me, can the attorney I let go represent or even advise my spouse? It seems like this would not legally be allowed as it would be unethical or a conflict of interest. Thanks for your time.

Here is a link to the North Carolina State Bar Association's Rule 1.7, Conflict of Interest Current Clients, followed by a link to North Carolina's Rule 1.9, Conflict of Interest Former Clients, followed by a link to North Carolina's Rules on Client/Attorney Relationships:

https://www.ncbar.com/rules/printrule.asp?id=76

https://www.ncbar.com/rules/rules.asp?page=6&keywords=conflict+of+interest

https://www.ncbar.com/rules/rpcsummary.asp

Attorneys will decline to represent the spouse of a former client in a matter related to the one of the former client.

 

[latigo]

Under normal circumstances no, your old attorney could not represent your wife as it would be a conflict of interest. However, if by any chance you and your wife were originally using one attorney, and your wife was the official client, even if you were the one paying for it, then that attorney could continue to represent your wife...because in that scenario, the attorney never was your attorney.

That is awful, Ld! Just plain awful. In fact the worst yet of your misleading layman's nonsense!

"Husband and wife using the same attorney", but one spouse is an "official" client and the other is not? Like maybe an "unofficial" client"?

How about "real" and "make believe" clients, or "formal " and "informal" clients, or "legitimate" and "illegitimate" clients?

Perhaps you would have the OP ask his "old attorney" which niche their "whatever" relationship falls under? And whether the lawyer had his fingers crossed as they were conferring? Or as famed author P. G. Wodehouse often wrote, "Had a twinkle in her eye?"

 

[LdiJ]

That is awful, Ld! Just plain awful. In fact the worst yet of your misleading layman's nonsense!

"Husband and wife using the same attorney", but one spouse is an "official" client and the other is not? Like maybe an "unofficial" client"?

How about "real" and "make believe" clients, or "formal " and "informal" clients, or "legitimate" and "illegitimate" clients?

Perhaps you would have the OP ask his "old attorney" which niche their "whatever" relationship falls under? And whether the lawyer had his fingers crossed as they were conferring? Or as famed author P. G. Wodehouse often wrote, "Had a twinkle in her eye?"

You know, or at least you should know, that its not uncommon in a divorce situation for the divorcing parties to attempt to use one attorney to handle the divorce. The purpose being to save money on legal fees. You know, or at least you should know, that an attorney cannot represent both parties to a divorce, therefore the attorney can only be the attorney for one of the parties.

Since it would be odd, to say the least, for the OP to have any reason to assume that his former attorney would have any connection or reason to advise or represent his wife, the possibility exists that this is one of those cases.

In that scenario the wife would not have to give up "her" attorney, if she is the actual client. Again, because in that scenario the OP never was the client.