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Client/Attorney Conflict of interest

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onegooddad18

New member
I reside in Colorado and my ex wife lives in California. We are going back to court because all three of my daughters live with me, and my ex wife pays and helps with nothing. She has recently gotten an attorney. The problem is, I know the attorney (he was my church mentor when I was a teenager!) and the attorney also knows my family. He goes to church with my dad every Sunday.
Is there a law to protect me from this? I feel like there is a major conflict of interest here.
 


PayrollHRGuy

Senior Member
If I or my wife know we couldn't use a lawyer in the town where I live.

Do you think there is a specific reason that this lawyer will have an unfair advantage because he knows you?
 

Taxing Matters

Overtaxed Member
I reside in Colorado and my ex wife lives in California. We are going back to court because all three of my daughters live with me, and my ex wife pays and helps with nothing. She has recently gotten an attorney. The problem is, I know the attorney (he was my church mentor when I was a teenager!) and the attorney also knows my family. He goes to church with my dad every Sunday.
Is there a law to protect me from this? I feel like there is a major conflict of interest here.
It is not a conflict of interest, at least not with respect to you. The conflict of interest rules are designed to protect a client or former client from the situation in which either (1) the attorney gained confidential information as result of representing the client in some matter and now is representing someone else against that client where the confidential information might be used against him/her or (2) where the lawyer has some competing interest or obligation that might cause the lawyer to provide less than zealous representation of his client.

You apparently were never a client of the attorney, so the attorney does not have any confidential information about you that he gained from representing you that he might now use against you. So there is no conflict of the type mentioned in (1).

The lawyer knows you and your family and goes to church with your father every Sunday. So if he is really friendly with you and your family, the risk is that perhaps me might be less than zealous in representing your ex. That may present a conflict of interest, but that is one that harms your ex, not you, and thus it would be your ex that would have to complain about that.

What personal information do you think the attorney has about you from being a mentor or knowing your family that would benefit your ex? My guess is that he actually has very little personal knowledge that would be at all helpful to your ex in this kind of case. Casual friends/acquaintances rarely have much to offer in a child support/visitation matter that is relevant to the issues before the court.
 

Just Blue

Senior Member
I reside in Colorado and my ex wife lives in California. We are going back to court because all three of my daughters live with me, and my ex wife pays and helps with nothing. She has recently gotten an attorney. The problem is, I know the attorney (he was my church mentor when I was a teenager!) and the attorney also knows my family. He goes to church with my dad every Sunday.
Is there a law to protect me from this? I feel like there is a major conflict of interest here.
Is there a child support order? Has the attorney ever represented you in anyway?
 

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