When facing a potential or certain divorce case, a question that can sometimes surface is whether or not a former lawyer can represent your spouse in divorce. While this is a rather straightforward question the answer is a bit difficult and can be a bit more abstract in explanation.
Law is one specific field where ethics are often called into play for obvious reasons. Representation is one huge area where ethics play a key role in the eligibility of a lawyer. In the case of representing a former clients spouse lawyers are obligated to take a step back and try to evaluate whether or not they’ve learned anything during your past representation that might affect the case.
In this specific situation if the lawyer has indeed learned something that exists outside of the knowledge he or she would’ve obtained during the case regardless than they are technically ineligible. If the lawyer has not obtained any information that could affect your case during your last interaction, then they will be able to continue on with the current case like normal. If you do suspect your lawyer may have gained information that would make them ineligible they may be disqualified.
If your former lawyer has learned information that would disqualify him from representing your spouse, you should consult with your lawyer about requesting a withdrawal. From there, if your lawyer agrees that the information is pertinent they will contact the other lawyer and request that they withdraw due to a conflict of interest.
In a basic summary, if your former lawyer has information from a past representation of you that would create a conflict of interest by supporting your spouse than there’s cause for further investigate. If no such information exists than it’s legal for the lawyer to represent your spouse in your divorce hearing.
Deciding if your former lawyer can represent your spouse in divorce is never an easy subject and can often times cause confusion. If you have any questions or require any assistance please contact us for a free consultation today.
Q: What is a divorce?
A: A divorce is the legal termination of marriage. All states require a spouse to identify a legal reason for requesting a divorce when filing the divorce papers with the court. The reasons given when filing are referred to as the grounds for divorce.Read More ›