Legal Question in Family Law in Canada

Attorney conflict of interest

In 1985, I was represented in a divorce,for several months, by a local law firm. The firm and I parted ways do to a difference of opinion over how my lawyer was conducting business. The divorce was final in 1986. The terms of settlement directed my former spouse to sell the marital property and divide the assets. She moved to the U.S. and has maintained control over the marital property ever since.

I was recently contacted by a lawyer from the firm that originally represented me. She is acting for my ex-spouse and demanding that I sign a quit claim deed giving my ex-spouse sole title to the marital property. I have informed the lawyer that she was in a conflict of interest situation and should recuse herself. She does not agree. Is she right?


Asked on 3/21/03, 2:18 pm

1 Answer from Attorneys
Donald McLeod Donald R. McLeod Law Corp.

Re: Attorney conflict of interest

As you did not give your address, but clearly have read our posting which states that all questions must be of relevance to British Columbia, we are answering as follows (if the law firm that formerly represented you is not in British Columbia this answer is quite possibly wrong and can NOT be relied on):

In British Columbia, she is not permitted to act against you if her firm were your former lawyers. You may ask the Supreme Court of British Columbia to order that she not act for your former spouse. You may also complain to the law society of British Columbia.

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Answered on 3/21/03, 5:48 pm


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