divorce lawyers - can I use someone STBX interviewed?
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Anonymous
| About to separate. I think I need to switch lawyers to more of fighter. However, STBX seems to have interviewed a couple of lawyers I think I would like to consider hiring? He never signed an agreement with them, and has settled on someone. Question?are those he interviewed somehow legally or ethically bound not to become my lawyer? |
Anonymous
| Nope, can't use them. It's actually a common tactic that many a-holes use, to ensure they conflict out their STBX's from using them. |
Anonymous
It might depend on what was said during the interview. If all that was said was that he asked for their rates, then it might be possible for you to use them, but the lawyers would probably still avoid it to protect themselves. If your STBX told them anything at all about his side of the case, then there would definitely be a conflict of interest. |
Anonymous
| No. |
Anonymous
| OP here - yep, sounds like he was doing the asshole thing. |
Anonymous
| But does this "no" answer apply just to the lawyer, or to the firm of someone he interviewed? |
Anonymous
|
Wasn't this a Sopranos episode?
You could use the same firm but a different lawyer, in all likelihood. |
Anonymous
Yes. |
Anonymous
| Just ask the lawyer you want to use. He/she will tell you whether he/she is conflicted out. |
Anonymous
| The problem with asking the lawyer is that the better of a lawyer her or she is, the more likely the lawyer is to conclude there's a conflict. It's a great a-hole move because I wouldn't even want a lawyer who agreed there was no conflict. |
Anonymous
| I agree w/ 12:49. Of course I can ask a lawyer, but I'd rather know ahead of time whether there is a general no-no in the profession about whether a partner of someone STBX interviewed should be conflicted out. A more cautious (maybe not better) lawyer who has a lot of work would probably make the judgment that "if she has to ask, maybe there is a problem." So does anybody know the norm??? And not the norm from the Sopranos? Though maybe I should indeed hire a hit-man instead.... (just joking, NSA). |
Anonymous
| The receptionist has always done the conflict check in my experience. |
Anonymous
Agreed. Couldn't even make an appointment until the receptionist did the conflict check. |
Anonymous
No way would we do that at my firm (a big one). Partner always runs the check and it goes through a very comprehensive process. |
Anonymous
| So is there a conflict if spouse interviewed another partner in the firm, but did not hire that other partner? |