Legal Question in Family Law in Massachusetts

The short answer is yes. Your attorney should know this and file a motion to disqualify husband's counsel.

If the lawyer has any privileged knowledge about you from the former bankruptcy and/or friendship that could even possibly be used against you in the divorce, then that LAWYER has a conflict of interest and should not have anything to do with your husband's divorce case. However, that doesn't necessarily mean that the entire FIRM of lawyers will be conflicted. That firm will be obligated to take protective measures to prevent that attorney's involvement in the case or any disclosure of protected information to the other lawyers. I hope this helps to address your concerns.

I think it is probably a conflict. Even if it is not a direct conflict, the appearance of a conflict should be avoided by the attorney. In short, it is not appropriate for your own lawyer to represent your husband against you. I think the presumption is - depending upon the size of the firm - that your husband's attorney's conflict is imputed to the remainder of the firm. You may have the right to file a motion to disqualify this attorney as counsel for your husband. If you believe that your own attorney is disclosing information and documents to your husband and assisting him in his litigation against you, you may want to file complaint with the Board of Bar Overseers. If you are looking for an attorney of your own, please do not hesitate to contact our office.