Legal Question in Family Law in Georgia
Conflict of interest? Attorney, prior to becoming attorney of record for his client was, had the following interactions with client and client�s spouse over the course of several years:
Attorney was close, personal friend of client.
Attorney attended group therapy sessions together with his client prior to becoming attorney.
During those sessions, attorney/client discussed confidential, intimate info about the client�s spouse/marital situation.
Attorney visited the client�s home over several years, met with client�s spouse, engaged client�s spouse in discussions about the marital situation and personal information, spouse divulged private information that spouse felt was confidential.
This attorney is now representing this client/friend against the spouse in a divorce. The spouse believed this attorney to also be a friend and never had an expectation that the attorney would use knowledge gained as a friend/confidant against the spouse in a divorce case.
Has the attorney created a conflict of interest by previous interactions with the spouse?
2 Answers from Attorneys
In posting such generalties there is no way to answer you. Since you're in a contested divorce, you need a lawyer. Discuss with your lawyer if there should or should not be a motion to disqualify the lawyer. I should add that attorneys quite commonly get called upon to assist with divorce. The fact that they socialized with their client likely does NOT disqualify the lawyer. Whether what the other party told the lawyer would disqualify the lawyer is a factual issue that requires facts. Do NOT post the details on the internet (such as here), as the spouse can read them.
You ask us to guess what was discussed in these conversations so your question can't be answered. Actual facts, not vague statements, count. However, it would take a lot more than friendship and social interaction to create a conflict of interest. The fact that someone may consider a conversation "confidential" in the social sense does not turn it into a legally confidential relationship.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
