Legal Question in Family Law in Kentucky

Conflict of Interest

The lawyer that is currently representing my husband in our divorce was originally handling our divorce as ''agreeable divorce'' and called me for information then contacted me to go sign the paperwork but when I arrived there to sign, he informed me that my husband had told him to ''hold off'' signing. Now he has filed to sue me for divorce and represent my husband. Isn't that conflict of interest?


Asked on 3/17/08, 11:27 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Conflict of Interest

It depends on how things initially arose. If the lawyer stated he was representing you both, then it is a conflict. If the lawyer was silent about whom he actually represented, that is problematic and probably is a conflict, and raises other ethical concerns. If the lawyer stated to you at the beginning that he represented your husband, but offered to try and work out an agreement AND that you had the right to obtain your own lawyer at any point, that is unlikely to be a conflict.

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Answered on 3/18/08, 9:58 am


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