Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.
The decision to retain an attorney is ultimately your decision, and if you do not feel comfortable with this attorney you have the right to terminate him as your representative. Overall, however, the fact that he is friends with your ex-husband would not be a conflict of interest on the part of this attorney.
Conflicts of interest generally only occur when the attorney has a financial interest or has another client with an interest directly adverse to the client's interest(s). For example an attorney cannot represent a client in a case against another client. Or, another example, an attorney cannot represent a client against a company in which he has a financial interest. The ethics rule
A member shall not enter into a business transaction with a client; or knowingly acquire an ownership
, possessory, security, or other pecuniary interest adverse to a client.
If an attorney believes he has a conflict in a matter he has the duty access whether he/she thinks he/she can adequately represent the client, and to inform the client and determine if the client can/will waive the potential conflict.
The scenario you raise isn't a conflict, he's not representing you against your ex-husband, and you have not raised that he has any interest adverse to you in this particular action. But, if you simply do not feel comfortable with him because his friendship with your ex-husband then you may want to consider just terminating his representation
for that reason alone.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.