WA Is This a Case of Conflict of Interest?

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Miss G

Well-Known Member
4 June 2017
16
0
71
My ex husband and my sister have used the same lawyer (firm) for child custody cases). My sister (estranged) declared bankruptcy before paying said lawyer and thus I believe he was out of pocket approx $20k.

The same lawyer also married my ex-husband's sister before divorcing soon after. I believe his sexual preference had something to do with the breakdown but they remain friends. I have also been told that this same lawyer remains in debt to his ex-father in law (my ex-husbands father).

My ex-husband and I are now back in family court with custody of children issues. Is it a conflict of interest that the same lawyer is representing him?

I believe he may have a personal vendetta against myself for the money he was owed from my sister. I have read that - "a conflict of interest can arise from avoiding a personal loss as well as gaining a personal advantage – whether financial or otherwise".

Does this apply here?
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
My ex husband and my sister have used the same lawyer (firm) for child custody cases. My sister (estranged) declared bankruptcy before paying said lawyer and thus I believe he was out of pocket approx $20k. The same lawyer also married my ex-husbands sister before divorcing soon after. I believe his sexual preference had something to do with the breakdown but they remain friends. I have also been told that this same lawyer remains in debt to his ex-father in law (my ex-husbands father)
My ex-husband and I are now back in court with child custody issues. Is it a conflict of interest that the same lawyer is representing him? I believe he may have a personal vendetta against myself for the money he was owed from my sister. I have read that - "a conflict of interest can arise from avoiding a personal loss as well as gaining a personal advantage – whether financial or otherwise"
Does this apply here?
Hi Miss G,

Broadly speaking, a conflict of interest for a lawyer can be one of two cases. One, where there is a risk of confidential information of an ex client or current client being used to their detriment. Two, where there is a risk of a conflict between the lawyers personal interests and their professional duties.

The latter may apply here, on what you gave said. Put your concerns in writing to the lawyer and if still unhappy, go to the relevant professional regulatory body in your state. Good luck.