Conflict of interest?

[hanger99]

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

Hi,

My friend is going through a divorce with her husband after finding out that he has been hiring prostitutes ever since she got pregnant. Long story short, she consulted with his husband's uncle who is a divorce lawyer and asked him to help with the divorce. Under the presumption that the uncle would be fair and help with the divorce (since he was the minister that married them), she told him everything of what happened. At the end, she was advised by the lawyer to seek a mediator and to call him back if anything else comes up. She asked him if he can represent her in the divorce and he told her that he doesn't want to get involved with family/relatives cases.
A week or so later, she called him up again to tell him more things about the divorce hoping to get some help from him. Again, he said he doesn't want to get involved with family members.

A month or so later, during the first court hearing she finds out that the husband's uncle is representing her husband and is now completely ignoring her. They have phone records that prove that calls were made to his office. Is there a case for conflict of interest here? She feels completely betrayed since she told him everything of what was going on with the divorce and not only did he not help, he used her to get information. Should they file a complaint with the bar association or file a motion against his uncle?


Thank You,

Ben

 

[single317dad]

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

Hi,

My friend is going through a divorce with her husband after finding out that he has been hiring prostitutes ever since she got pregnant. Long story short, she consulted with his husband's uncle who is a divorce lawyer and asked him to help with the divorce. Under the presumption that the uncle would be fair and help with the divorce (since he was the minister that married them), she told him everything of what happened. At the end, she was advised by the lawyer to seek a mediator and to call him back if anything else comes up. She asked him if he can represent her in the divorce and he told her that he doesn't want to get involved with family/relatives cases.
A week or so later, she called him up again to tell him more things about the divorce hoping to get some help from him. Again, he said he doesn't want to get involved with family members.

A month or so later, during the first court hearing she finds out that the husband's uncle is representing her husband and is now completely ignoring her. They have phone records that prove that calls were made to his office. Is there a case for conflict of interest here? She feels completely betrayed since she told him everything of what was going on with the divorce and not only did he not help, he used her to get information. Should they file a complaint with the bar association or file a motion against his uncle?


Thank You,

Ben

Hopefully the wife learned a valuable lesson about never discussing her legal matters with anyone except her (retained) attorney.

Then again, apparently not.

http://www.courts.state.hi.us/docs/court_rules/rules/hrpcond.htm

 

[OHRoadwarrior]

Of course his view will likely be she intentionally talked to him, as a relative, in order to attempt to thwart hubby using him. As we are getting this second hand, we have no evidence said lawyer obtained any info he could not otherwise have gotten from his client.

 

[latigo]

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

Hi,

My friend is going through a divorce with her husband after finding out that he has been hiring prostitutes ever since she got pregnant. Long story short, she consulted with his husband's uncle who is a divorce lawyer and asked him to help with the divorce. . . . . . . . . . . Should they (?) file a complaint with the bar association or file a motion against his uncle?

I don't know why the use of the plural pronoun, but if you mean "should she" rather than "should they" , the answer is absolutely yes. The wife should do both and promptly.

The uncle's duplicity is a flagrant violation of Rule 1.7 of the Hawaii Rules of Professional Conduct.