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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111605
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I just sent my question and while paying list it

Customer Question

I just sent my question and while paying list it
Submitted: 12 months ago.
Category: Family Law
Expert:  Richard replied 12 months ago.

Good morning. My name is ***** ***** I look forward to helping you.

Would it be possible for you to repost your question here? Thanks.

Customer: replied 12 months ago.
I am in process of taking my ex to family court to enforce an agreement made in 1999 and divorce became final in 2003. It says he has to pay 50% of college. He is using a lawyer that I thought represented both of us to make separation agreement a divorce. I have a letter from my ex asking this lawyer to represent me, not hi,. I also have many documents having me as plaintiff and some having him as plaintiff. Mu divorce judgement even has me as plaintiff. I feel this lawyer should be dismissed because it is a conflict of interest. I am representing myself because I have no money. I have paid $127,000 for college so far and ex has only paid $12,000. My ex is also a lawyer. I want to write a motion to dismiss this lawyer due to conflict of interest
Expert:  Richard replied 12 months ago.

Thanks for responding. Your question should actually be posted under Family Law. Therefore, I am going to opt out to open your question up to family law experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, as it seems your previous contributor decided to leave.
If you believed that the attorney represented you and your husband in a divorce that is not possible. An attorney, per the rules of professional conduct, can only represent one party in a case. You said you have a letter stating he represented you and if he did so and not wants to represent your husband, he needs to withdraw from the case based on conflict of interest. That needs to be your first step, sending him a letter informing him there is a conflict of interest and you have a letter stating he was representing you in this matter and are attaching the copy to this letter. Give the attorney notice, because rather than face a motion to disqualify and get reported to the court disciplinary board for violating the rules on conflict of interest they will withdraw without motion.
If the attorney refuses to withdraw, you would need to file a "motion to disqualify" the counsel based on the conflict of interest. Here is an article which would give you case law to support your motion: http://www.clausen.com/index.cfm/fa/firm_pub.article/article/629ae07c-8000-4bf2-be59-06916f196ba2/Disqualification_of_Counsel_in_New_York.cfm
Also: http://law.justia.com/cases/new-york/other-courts/2011/2011-50217.html