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Category: Family Law
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Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I need advice on a potential conflict of interest. I have a

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I need advice on a potential conflict of interest. I have a mean and abusive ex husband whom I have had legal problems with for years. These legal issues have involved CPS and child custody. I have used one lawyer during the entire course, so he knows the situation well. His current wife is filing for divorce using my lawyer. My lawyer contacted me on her behalf with concerns about my daughters safety and offered to testify to his verbal and emotional abuse of her. She reports that he is currently in a severe manic state and hasn't slept in days. I appreciate her concern and his contacting me, but now I have to take action with the new information. My initial response was to retain my same lawyer again. Is this wise? I can't see a conflict, and he will be the expert on handling issues with this man when it is all done. Should I seek different council at this time?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and concern. If this attorney has represented you over the course of the dispute with your ex, then he is in the best position to represent you from here on out, since he knows the facts of the case and the entire situation. The fact that he is representing your ex husbands soon to be ex wife, does not likely cause a conflict for you at all. Moreover, it is the attorney himself who would need to withdraw and/or inform the parties of the situation, if there was indeed a conflict of interest and he could not properly represent you or her. Speak with the attorney, make sure he is aware of the situation and as long as you feel comfortable with him representing you, then there is no harm, as long as everything is disclosed. If anything, this sounds advantageous to you and your action against him, having someone to testify first hard.

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