Legal Question in Family Law in Virginia
conflict of interest
I hired an attorney several months ago to represent me in filing bankruptcy. I am also at this time in a custody suit with my ex over my kids. When I went for the first appearance the lawyer he had retained was the same one doing my bankruptcy! Is this not a clear case of conflict of interest? What should I do? I paid him first so am I not entitled to have him drop my ex? I already paid him the $750 and I do not want to discuss my financial situation with someone who is dealing with my ex.
2 Answers from Attorneys
Re: conflict of interest
Yes, this is a clear conflict of interest. You should: fire the attorney, receiving all money paid to him; report the conflict to the court; and, notify the state bar that regulates the legal profession.
Re: conflict of interest
Tell the bankruptcy guy who is suppposedly representing you that you're firing him for an obvious conflict of interest and that you demand an immediate refund of your fee.
And that if such is not forthcoming in a very timely fashion, you will report his apparent violation of professional rules of acceptable attorney conduct to
the state bar.(And after you've received the refund of your fee, you may still wish to consider filing such a complaint with the state bar.)
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