Question:

Any smart lawyers out there??!! I need help ?

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If a legal practitioner represents a WIFE in a divorce case can that same practitioner oppose the HUSBAND in a completely unrelated matter later?

Does this fall under the category of conflict of interest?

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2 ANSWERS


  1. What is the conflict of interest?

    The attorney opposed you in the divorce and opposes you in an unrelated matter.  What is the conflict?


  2. "Any smart lawyers out there??!!"   Yes there are.

    "I need help ?"  Yes

    "If a legal practitioner represents a WIFE in a divorce case can that same practitioner oppose the HUSBAND in a completely unrelated matter later?" Yes

    "Does this fall under the category of conflict of interest?"  No

    Additional Details

    1 day ago

    "if the wife is bringing a matter about the child does it change anything?"   No

    "Say the fact situation is that a company exports a toy that hurts the child. In-house solicitor represented husband in divorce matter earlier...wife later brings case to sue company- technically the case is still in the husband's interests..... "

    This makes no sense - no cause of action would arise against the company that exported the toy.  The cause of action might arise against the manufacturer, importer or retailer.  In Any event the wife's role here is as the "guardian ad litem" for the child, not as a party to the proceedings.  This does not show that the lawyer is even opposing the husband.  The husband has no interest in the proceedings you have described.

    _____________________

    From a lawyers point of view, a conflict arises when information provided by a client or former client might be used against that person in other proceedings.  Eg: a client that I have represented can object to me representing another person where my knowledge of the first client might be used in representing the second client.

    Frequently this will arise in criminal cases where a former client is a prosecution witness.  It does not stop a former witness becoming a current client.

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