How can I get my stepson's lawyer off of my wife's and the child's father's custody case?

Question

It has been brought our attention by our ex-lawyer that the child's lawyer and the fathers lawyer have been seen playing golf together. This is a conflict of interest. We are not rich that's why we don't have a lawyer anymore, and since we don't and the father does, the child's lawyer does everything he can to side with his golf buddy's client. This is wrong, and I'd appreciate any help I can get. The state is Illinois if that helps.

Answer 1

Your ex-lawyer was nice enough to inform you about the golfing pro bono, maybe if you ask, he/she will give you a little advice on how to take care of it.  Since you are concerned, I would definitely bring it up at the next court date and ask the judge if there is anything you can do about it.  You could also go directly to the child's lawyer or his/her law firm and explain that you have a problem with a possible conflict of interest and see what they have to say.  I'm not a legal expert by any means, but this is how I would start.

Answer 2

Lots of attorneys socialize especially in smaller towns, doesn't imply a conflict of interest in the eyes of the judge or the bar association, if they make a best faith effort to represent their clients.

A conflict of interest usually means they have actually represented the other party in the past or are currently in another matter, or have a financial interest in the outcome of the case.  

You can ask the judge to consider it and he would order the attorney off the case if he felt there was a conflict, but I'd be shocked if he did.

Answer 3

Golfing together is not a conflict of interest.   Unless you can prove that they are discussing your case and conspiring against you, you have no grounds.  Contact your state bar association for assistance in answering your questions.