Legal Question in Family Law in Missouri

conflict

My ex girlfriend and i have a daughter together. She is using the same attorney that my mother used to get custody of my sister and myself when we were younger. Also this attorneys adopted son is my step dads biological nephew.My question is can i file conflict of interest since me and this attorney have a past. Her and my mother no longer get along so, please tell me if i can file conflict of interest so she,ll have to get another attorney.


Asked on 4/06/06, 3:47 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: conflict

As to the Attorney's adopted son being the biological nephew of your step dad, you probably have no grounds for raising conflict of interest as a basis for contesting the attorney represting your ex girlfriend in a matter oppossing you.

Generally, the conflict of interest doctrine, is that an attorney remains duty bound to all clients as to private information. It seems unlikely that the tenuous familial relationship provided any private information about you to the attorney.

As to the fact that the attorney represented your mother in a matter involving you, it is a closer call. The attorney did nto represent you. You and your sister may have even had your own attorney, called a Guardian Ad Litem. But, if you believe that the attoney has information from the representation of your mother, that they could use against you in the case with your former girlfriedn, then you should raise this matter with the Court. Given the limited information that you were able to provide in this forum, it is impossible to predict whether this claim of conflict of interest will be successful.

Good Luck

Read more
Answered on 4/07/06, 11:13 pm


Related Questions & Answers

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