Legal Question in Family Law in Connecticut

Re: representation/waiver of conflict

That's a very good question, however, it's not an easy question to answer. Whether there is a "conflict" in the attorney representing the husband because he represented both the husband and wife in a previous matter depends on several factors.

The prior matter has to be somewhat similar to the present matter regarding the issues, the facts and most importantly the information the attorney acquired in the previous matter from the representation. That information has to be information that would have some impact on the attorney's ability to represent the husband in the second matter without prejudicing the wife.

The attorney can not have the "upper hand" by knowing information he/she acquired in the previous matter.

I would really need a lot more information to give you my opinion on whether there really is a true conflict. Many times attorneys represent the husband and wife in, for example, drafting a will, or doing a real estate closing. Then the attorney tries to represent one of them later on in a divorce, for example. Many times this is not a conflict.

Each case needs to be evaluated on its own.