Legal Question in Family Law in New York

conflict of intrest

can a lawer represent a person in a divorce when he repersented both parties in a previous custody action brought by a third party


Asked on 5/05/02, 7:38 pm

1 Answer from Attorneys

John Hayes The Law Office of John M. Hayes

Re: conflict of intrest

The better course of action for an attorney in that situation would be:

To Make Darn Sure He/She Had the Written Consent of Both Parties, Waiving any/all objection as to the conflict.

Put otherwise: it seems to me that it would not be wise {or proper} for an attorney to do this UNLESS both parties indicated that they understood the conflict and consented to the representation and waived any objections.

It also seems to me that it would also Not be "fair play" for one party to let such representation continue, with the notion in mind of "sandbagging" the other side somewhere down the line. If this situation exists, someone should bring it to the open attention of all concerned Sooner, Not Later.

Regards, etc.,

J.M. Hayes

>>--> The foregoing amounts to musings and observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General sense; my remarks should not be thought of as "legal advice and counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <-<<

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Answered on 5/06/02, 12:26 am


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