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  • Conflict of interest?

    Hi all,

    Ten years ago I sought legal advice for a separation agreement that was drawn up by my ex's lawyer. The lawyer I went to see signed the agreement on my behalf and we sent it back. The divorce went through uncontested. Currently my new ex (common law) has retained this very lawyer that I had used ten years ago. Is this not a conflict of interest??

    Thank you in advance, and I find this forum most informative.

  • #2
    To me it is - conflict of interest.

    Comment


    • #3
      Just out of curiousity, why would it be a conflict, especially if it's been 10 years?

      Comment


      • #4
        Yes, I agree it's a conflict of interest. Tell her to find someone else!

        Comment


        • #5
          Hmmmm... that's a little uncomfortable, (especially if said Lawyer is a shark, and your soon to be ex is just using same to irritate you), but I don't see a conflict of interest persay.

          Does this Lawyer know things about you, that you don't want your current ex to know?

          Does retaining said Lawyer give your STBX some sort of "upper" hand in the legal proceedings?

          Maybe if you have a particular concern, and you could elaborate a little, you may get more conclusive advice?

          Comment


          • #6
            Ohhh... Sorry, I went back and re-read your post.

            I see now that you had retained this Lawyer with your previous ex, and he/she represented both parties in your separation...

            If that is the case and said Lawyer acted on your behalf, then you may have a valid argument.

            Have you tried contacting this Lawyer and informing him/her of the situation?

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            • #7
              I had retained a lawyer early February this year, in response to this my ex retained my former lawyer. They cited my lawyer was a conflict of interest due to the fact that she had represented my ex's new gf in her divorce. They went on to say that the whole office would be a conflict of interest. My lawyer advised me to goto legal aid because I would qualify and his lawyer is known for many antics that could be costly. I had an appointment with legal aid at the end of May (which I booked early March). May 18 I was served with papers to appear in court May 31. Legal aid advised to represent myself and let the Judge know that I just had an appointment and was waiting to hear back.

              I don't know why I didn't think of it sooner, but it dawned on me as I was sitting in court that my current ex's lawyer had signed my separation agreement.
              I had flashbacks of me telling him no that I didn't want to take certain routes (SS etc.). I also feel that this lawyer knows that I will not engage in anything that is not in the childrens best interest. He wanted me to embelish certain things, I refused. But here I am on the receiving end of his colorful "truth".

              Yes I feel he is a conflict of interest, knowing (he probably forgot about me, too) my personality. But on the other hand he could be replaced with someone just as "lovely". Case of the devil you know or the devil you don't....

              Comment

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