Legal Question in Family Law in Minnesota
What is Unethical to a Lawyer?
During our divorce my husband retained an attorney. He stated we could use the same attorney, but that in actuality she would be working for his best interests. A retainer of $750 was collected from both of us for a total of $1500. After 6 weeks of making the payment to his attorney I retained my own attorney. I was advised at that time that the money his attorney took from me was an unethical practice and should be returned. Does this attorney owe me $750? Thanks for any help.
2 Answers from Attorneys
Conflict of Interest
Your husband's attorney had a definite conflict of interest. The return of the deposit moneys should be discuss with your new attorney. At the very minimum your husband should reinburse you for what you paid. It is difficult for me to advise you without reviewing all the facts. Please have your attorney give his opinion.
Depends on state law
Some states that allow non-fault divorces allow the same attorney to represents both parties. From your facts it seems that he was not able to do much work between the time you paid the retainer and the time you discharged him. If not the full amount he should return the balance.Your new attorney should help you handling this matter. Good luck!!!
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