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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My fiance is in a custody case in wich we have a temporary

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My fiance is in a custody case in wich we have a temporary restraining order against her daughters father. He has hired a lawyer wich represented me( in the past. My name is XXXXX XXXXX the paperwork but not as a plaintif and I am covered by the restaining order. My question is, can this lawyer represent him if he reprsented me in the past. Remember that I am not the plaintif but the fiance and I live with the child involved and she is under my and my fiance's care. Thanks
Submitted: 4 years ago.
Category: Family Law
Expert:  Dave Kennett replied 4 years ago.
-Could you explain your situation a little more?
Under what circumstances did this lawyer represent you in the past?
Customer: replied 4 years ago.
The situation is like this. My fiance's daughter was put into some violent and physicaly abusive situations by her father. The fathers sister called us to tell us he has lost his mine and we need to get full custody because he is abusive and an adict of many sorts. We have been in court now for months and we have a court date on the 5th of december to review the temporary restraining order wich we filed last month. This is the second temporary restraining order we filed on him in 5 months. The first we let go to give him a chance to proove himself. He has constantly lies and denied all alogations. The lawyer he hired has represented me for a dui in the past 5 years and a fire (burnt 5 acres started by playing with fireworks) that I started 10 years ago. There was also a unpermited fire (seperate insident. an unpermited camp fire) that he represnted me. So three different times in 10 years he has represented me. Again I am not the plaintif in the current case but I am protected under a temporary restraining order in the same case. Also My name appears on the paperwork often. Thanks
Customer: replied 4 years ago.
Another thing I forgot to mention is that for the unpermited camp fire incedent this lawyer represented me for, I still owe $1000 to. I have called him to make payment but never recieve a call back. Could this be a conflict of interest? Mabe the lawyer would be mad at me for not paying and want to get me for it. I think that this could possibly work? what do you thinik?
Expert:  Dave Kennett replied 4 years ago.

Dear JACUSTOMER - I believe the attorney has a conflict of interest. Certainly there is an appearance of a conflict since the lawyer would have confidential information about you and whether he uses it or not is not the issue. I would file a written complaint with the Bar Association concerning this issue since you would be the party with the standing to complain. I have included the website below for your convenience.

Customer: replied 4 years ago.

How do I go about letting the judge know about all this and get the lawyer off the case? Thanks

Expert:  Dave Kennett replied 4 years ago.
You need to file the complaint with the Bar Association and you can have your fiancee give a copy of your complaint to her lawyer to present to the judge. Some lawyers are reluctant to ask a court to remove the other attorney so your fiancee may have to demand that the request is made. This is certainly an appearance of conflict and could become a direct conflict if your past becomes an issue in the case.
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Customer: replied 4 years ago.

I have one more question If I may. I will add a $20 bonus as well. My fiance does not have a lawyer. We are but humble working class and cant afford it. How then do we go about showing the judge the conflict of interest on our own. Thanks


Expert:  Dave Kennett replied 4 years ago.
She should file a motion with the court asking the court to remove her ex's attorney due to a conflict of interest and simply state the facts you told me. The motion would be filed like any other document and a copy sent to the other attorney. There's no need to add to my fees since had I known she didn't have an attorney I would have given you this information in the first place. - Thanks for using our service - Dave
Dave Kennett and 3 other Family Law Specialists are ready to help you