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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3802
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My childrens mother, whom I was never married to, hired a

Resolved Question:

My children's mother, whom I was never married to, hired a lawyer who represented my current wife in her divorce 3 years ago, my ex and my wife...same lawyer...Is this not a conflict of interest?
Submitted: 12 months ago.
Category: Family Law
Expert:  Chris T., JD replied 12 months ago.

Chris T., JD :

Good evening. I'd be happy to assist you with your question.

Chris T., JD :

Just so I understand correctly, this attorney represented your wife 3 years ago in her divorce, and now represents your child's mother in what I'm assuming is a custody case against you now. Is that correct?

Customer:

is this a conflict?

Customer:

Correct

Chris T., JD :

Were you involved with your current wife when she was divorced 3 years ago?

Customer:

No, but have been for 8 months, my ex hired the lawyer 6 months ago..

Chris T., JD :

In, that case, no, it would not be a conflict. Maine Rule of Professional Conduct 1.9, which you can find here, states: (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writin

Customer:

My wife's divorce involved child custody

Chris T., JD :

From what I understand, the representation here is not in a substantially related matter, and the lawyer's knowledge of the prior divorce would not impact the current case. The only way it could is if the lawyer argued or planned to argue that you should not have custody because of something she knows about your wife that she learned through her prior representation.

Chris T., JD :

So, for example, if when she represented your wife 3 years ago, she learned something bad about her, say, that she was a drug abuser, and then planned to use that thing against you now, there may be a conflict.

Chris T., JD :

There isn't an apparent conflict, but, depending on the facts, one could come out depending on how the case plays out

Customer:

okay thank you very much appreciated!

Chris T., JD :

Glad to help!

Chris T., JD :

Can I help you with anything else?

Customer:

that should do it for now great service thank you

Chris T., JD :

I'm really glad I could help.

Chris T., JD :

If there isn't anything else I can do for you, please remember to "Rate" my answer before you go.

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3802
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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