Legal Question in Family Law in New York

conflict ?

Can a Atty who started to represent a client in a ''collaborative law'' case represent that same client for the same case in a Family Court Case ?


Asked on 3/03/09, 4:44 am

1 Answer from Attorneys
J. Douglas Barics Law Office of J. Douglas Barics

Re: conflict ?

Maybe.

In general, a collaborative law retainer contains a provision under which the attorney agrees not to represent the client in a contested matter.

If such a provision exists, and the matter is contested, there might be grounds to have the attorney removed.

The client would have superior rights to remove the attorney than the opposing party, and it is certainly possible that no such right to remove the attorney exists.

I've never really seen this situation before, hopefully another attorney who practices collaborative law will comment.

J. Douglas Barics

Read more
Answered on 3/03/09, 4:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York