Legal Question in Business Law in New York

Who can an Attorney Represent

Can Attorney (A) represent the wife of Attorney (B) when a personal relationship exists between the parties? Can Attorney (B) represent his wife in this small claims proceeding?


Asked on 2/26/07, 5:58 pm

1 Answer from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: Who can an Attorney Represent

Your question does not describe the "personal relationship"; it might be sexual, close friendship, business or prior representation, and it all makes a difference. The basic rule is that an attorney may not represent someone if it is anticipated that the attorney will be called as a witness; or if he has represented the opposing party, and thereby exposed to information significant to the pending case. There may be other reasons indicative of an obvious conflict of interests, but they don't appear to be pertinent to your question. In the absence of these disqualifying conditions, an attorney may represent his wife in a small claims proceeding.

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Answered on 2/26/07, 6:13 pm


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