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  1. #1
    Join Date
    Nov 2007
    Posts
    2

    Unhappy Lawyer Conflict of Interest

    State: TX

    My divorce lawyer is joining the firm of my husband's divorce lawyer.

    We have been through the mediation process and it was explained beforehand that what was agreed to was binding.

    My dh received a letter from his lawyer informing him of the situation and the conflict of interest. It gave him 4 options. 1. We both agree to proceed with the finalization of the divorce as is since the mediation stuff has been settled. 2. He finds a new lawyer. 3. We both find a new lawyer. 4. We allow the divorce to fall of the docket. (I prefer the latter.)

    ? If #2 or #3 above happen could the mediation agreement possibly be squirmed out of by either of us? Also, if he retains another lawyer would I be required to find a new lawyer anyway because his old lawyer and mine are now associates?

  2. #2

    Default Re: lawyer conflict of interest?

    Life is to short to drag out a divorce IMHO.
    If you've already agreed to everything in the mediation, just get it over with ASAP and move on with your life.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: lawyer conflict of interest?

    Changing lawyers won't of itself get you out of your mediation agreement.

    Your spouse doesn't have to let the divorce fall off the docket. Even if you do nothing, he can get a lawyer and press on with the divorce.

  4. #4
    Join Date
    Nov 2007
    Posts
    2

    Default re: Lawyer Conflict of Interest

    TX

    I guess I am not asking correctly. I don't want divorced.

    We have been married 15 yrs, have 4 kids and I have been a stay at home, home-school mom for the past 14 yrs. except for trivial night jobs (less than $12000/yr). I am bi-polar, finally diagnosed correctly because of the divorce, and in manic episodes have been the unfaithful spouse. I also have short term memory problems because of a car accident 13 yrs ago.

    My lawyer, who was renting a room in my dh's lawyer's office, is now joining the firm of my dh's lawyer. I personally know that the legal assistants talked. I found out that my dh had filed because my lawyer's asst told me dh had filed because she had talked to dh's lawyer's legal asst.

    My lawyer repeatedly told me that there was almost no hope of me getting custody of my children with all of my problems and the infidelity. He said the mediated agreement of dh getting custody of the children and me not paying child support was the best I could hope for. I should sign the agreement because any fight would be a huge uphill battle and cost me in the neighborhood of $25,000, I would more than likely lose and then be required to pay child support also. So I relied on his advice and signed.

    The mediation sets up that I can live no more than 5 miles from our home in a 2 bedroom residency, I can continue homeschooling during standard school hours, have standard visitation and have no responsibility for any of the marital debt or child support. Dh will give me $500/mo for 3 yrs. I also have right of first refusal, which is important because dh leaves my children with neighbors all the time while I am at work.

    I now do not necessarily believe that my lawyer had my best interest totally at heart. He might have been trying to get hired on. The only way I know what is happening with the divorce is discovering the mail dh's lawyer is sending dh. I have not received any mail from my lawyer including this new turn of events.

    Dh is stating that I am an unfit mom, but with all of the alleged crazy behaviors that dh is using against me he still leaves for an accumulated 2 mos out of every year for business travel while continuously stating that he does not need to travel that much. He is also traveling extensively while I am at my most manic.

    So basically the question is: Do I have reason to be concerned that I could have gotten custody of my children and was possibly being played? ... Should I try and delay and overturn the mediation?

    Sorry for the repost.

  5. #5
    Join Date
    Sep 2005
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    Posts
    98,846

    Default Re: Lawyer Conflict of Interest

    You don't want to be divorced, obviously. Which is why I told you, "Your spouse doesn't have to let the divorce fall off the docket. Even if you do nothing, he can get a lawyer and press on with the divorce."

    If you want to protect your rights in the continuing divorce, follow up on the suggestion that you get a new lawyer.

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