Legal Question in Legal Ethics in Vermont

Can a lawyer represent the ex-wife in a custody matter is the husband has spken

Can a exwife hire a lawyer that her now ex-exhusband has contact with previously? The ex-husband did not retain him as his divorce attorney, but now his exwife wants to hire him regarding custody and child support issues. Is this a conflict of interest?


Asked on 2/15/01, 11:13 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can a lawyer represent the ex-wife in a custody matter is the husband has sp

It could well be a conflict of interest if the husband discussed matters relating to the divorce, even though he didn't retain the lawyer. If he consulted him about a will, for instance, then, if the husband was not a former client, the lawyer would not have a conflict of interest.

It is best to let the husband decide whether or not there is a conflict of interest, and abide by that decision.

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Answered on 3/30/01, 11:01 am


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