Legal Question in Family Law in Massachusetts
Conflict of Interest
My husband and I filed bankruptcy and used the same attorney for a joint filing. Now we are considering divorce and he wants to use the same attorney, as they are free for him being a union member. I am concerned that this would be a conflict of interest as they previously represented us jointly. Can you advise me?
1 Answer from Attorneys
Re: Conflict of Interest
Yes. The attorney who represented you in Bankruptcy cannot now represent someone against you, especially where there will be questions about the division of assets and liabilities.
You can waive the conflict if you fully understand all of the facets of it, but I would not recommend it. You and your husband have adverse interests and you should be represented by your own attorney, while your former joint attorney (or his law firm) should not be taking sides.
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