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  1. #1
    Join Date
    Mar 2007
    Posts
    3

    Default Conflict of Interest By A Lawyer

    parents of 2 girls(they are sisters) signed custody over to the grandmother for one girl and an to an aunt for the other when they were only a few months old.
    one girl is now 6 and the other is 5.
    In 2003 the father (who is related to the ones that have custody) petitioned the court to relinguish all his parental rights and let them adopt the girls. This never happend because the mother fought it.
    At one point during all this ordeal, the mother who I will call Jane, hired a lawyer called Joe, to fight against the father, John.(the parents are now divorced) To get support on a boy that she had custody of at the time. (now the father John has him)
    Now the father John has hired the same laywer Joe, to try and get custody of the 2 girls. the mother has had to be at all the hearings that have been held with her new lawyer as well.(she has court ordered visitation with the girls) IS that legal, I always thought that it would be double jeopardy? any advice would be appreciated.

  2. #2

    Default Re: a big headache....

    I Have Known Of Lawyers Who Represents Both Parties By Agreement. I Think You Mean A Conflict Of Interest. I Think
    If The Attorney Is No Longer Under Retainer By Your Daughter, They Are Allowed To Represent The Ex Because It Is A New Case
    Involving The Two Girls. He Already Has Custody Of The Boy Who Was Involved In The First Case.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: a big headache....

    I believe what you mean is "conflict of interest" (hence the topic change), not "double jeopardy". Double jeopardy applies in a criminal context, and in simple terms holds that you can't be tried more than once for the same crime.

    If I were the lawyer, I would have had to think twice about representing a different party in closely related custody proceedings, as circumstances could arise where my advocacy went against the position of my former client, or where I would have obtained information from the former client which should be confidential, but relates to the new litigation.

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