Legal Question in Family Law in New York

ethics question

I am currently involved in a matrimony lawsuit. I had a son with a women I was living with and we are currently in court to work out child support.

During the time that I was with this woman, we had used a lawyer together for various reasons, and I had confided in him regarding matters that are confidential. This same lawyer is currently representing my ex-girlfriend in her case against me.

I believe this is a conflict of interest. The judge, however, did not agree with me or my lawyer. I am currently paying a temporary payment as child support; however, my ex-girlfriend is going after me using information that was conveyed to our lawyer during the time that we were together.

Does this situation sound at all unethical, and is there a change of venue form, or a form to appeal the judge's ruling?

Thank you for your time..


Asked on 5/31/06, 2:01 am

1 Answer from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: ethics question

It does sound as if there may be a conflict of interest. Did you make a motion to have the attorney removed or only an oral request? A formal motion may be required.

Daniel Clement

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Answered on 5/31/06, 10:24 am


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