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My husband and I have separated and are currently working…

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My husband and I...

My husband and I have separated and are currently working with our own lawyers on a separation agreement. We are currently selling the family home and had appointed a law firm independent to both of our own lawyers. My husband's lawyer has had my husband ring our real estate agent and have all the property sale work moved to her. Would my husbands lawyer representing my husband in our separation affairs and also taking over legal work for the sale of the house also be a conflict of interest? At the end of the day she will end up dealing with us both at some stage to have the legal documents for the sale of the house signed off.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Its Wellington, New Zealand

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes

Submitted: 10 months ago.Category: New Zealand Law
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Answered in 1 hour by:
9/22/2017
Solicitor: Chris The Lawyer, Lawyer replied 10 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,837
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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It really should be an independent firm acting on the sale, as there could well be a conflict of interest. If you have gone to the trouble of appointing someone, this should be the firm which is used. You need to point this out to both the lawyer and your husband. She can continue acting for him, but not on the sale.

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Solicitor: Chris The Lawyer, Lawyer replied 10 months ago

The Law Society has pretty clear rules on conflict and she is running a risk herself, as she could be disciplined by the Complaints Service if any issues arise

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