Is spouses lawyer illegally representing him

[cnlee]

MD: I paid my spouses lawyer money in 2005 while he was representing him. Now that my spouse and I are divorcing, is it a conflict for his lawyer?

 

[JETX]

MD: I paid my spouses lawyer money in 2005 while he was representing him. Now that my spouse and I are divorcing, is it a conflict for his lawyer?

No.

conflict of interest
n. a situation in which a person has a duty to more than one person or organization, but cannot do justice to the actual or potentially adverse interests of both parties. This includes when an individual's personal interests or concerns are inconsistent with the best for a customer, or when a public official's personal interests are contrary to his/her loyalty to public business. An attorney, an accountant, a business adviser or realtor cannot represent two parties in a dispute and must avoid even the appearance of conflict. He/she may not join with a client in business without making full disclosure of his/her potential conflicts, he/she must avoid commingling funds with the client, and never, never take a position adverse to the customer.

 

[Mass_Shyster]

MD: I paid my spouses lawyer money in 2005 while he was representing him. Now that my spouse and I are divorcing, is it a conflict for his lawyer?

It depends on what you previously paid the lawyer for.

Rule 1.9 Duties to Former Clients

(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 gives informed consent, confirmed in writing.

and also

(c) A lawyer who has formerly represented a client in a matter or whose present or former firm has formerly represented a client in a matter shall not thereafter:

• (1) use information relating to the representation to the disadvantage of the former client except as these Rules would permit or require with respect to a client, or when the information has become generally known; or
• (2) reveal information relating to the representation except as these Rules would permit or require with respect to a client.