Legal Question in Family Law in Missouri

Conflict of interest

If law firm paralegal receieved information from a plantiff during plantiffs search for a attorney then later relates that there is a conflict of interest. What if anything can be done abot this? I had called this office and spoke to the paralegal there and she asked me things about my ex wife and I gave her the information...come to find out my ex wife has been to this office and possibly retained this lawyer. Is this a conflict of interest and what can I do? Please advise,thanks..Mrs.--name removed--

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Asked on 5/09/02, 3:00 pm

2 Answers from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Conflict of interest

The firm could not represent you and, depending on what transpired during your conversation, the firm may be disqualified from representing your spouse.

Daniel Clement

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Answered on 5/09/02, 3:59 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Conflict of interest

Since your question is listed under the heading of "Family Law", I must assume your contact with the law firm and your ex-wife's contact with the same firm has something to do with legal action between the two of you. If so, there would certainly appear to be a conflict of interest. The paralegal is bound by the same rules regarding confidentiality as the lawyer would be if you had spoken to the lawyer personally. Before speaking with a potential new client, it is advisable to check for possible conflicts so as to avoid the situation which has arisen in your case. Two possible actions by you occur to me. First, if there is any pending litigation in which the law firm represents your ex-wife against you, your attorney can move the Court for an Order disqualifying the law firm from representing your ex-wife. In that way, any damge done may be mitigated. Second, you may report the incident to the Missouri Bar Office of the Chief Disciplinary Counsel as a grievance for an ethical violation. You may contact this office through the Missouri Bar headquarters in Jefferson City. I hope that this reply has been helpful and I wish you the best of luck at overcoming this unfortunate turn of events.

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Answered on 5/09/02, 9:24 pm


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