Conflict of interest is described as what?
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I went to my attorney the other day to possibly start a divorce case. I had him about 8 years ago for a child support case. My now, husband & I, have been together for 11 years, but only married for 3 years this coming year. The attorneys office said there is a conflict of interest, but I had him used him in our child support case before we got married. Can a conflict of interest be because one of our parents used the same attorney recently or is it because my husband already contacted him? Also because it has been so long since he represented me, is this why my husband could contact my attorney? I guess my true questions is: Is conflict of interest ONLY when it's my spouse that has contacted the attorney or can it be because our family had a recent case that he represented? I know my sister had used the same attorney about 3 years ago for a car accident settlement case and the attorney worked with my sister and mother on that. Help!?! :O)
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Answer:
Conflict of interest is a situation in which one (the attorney) has both a personal interest in a matter and some duty to another, which could potentially influence the way that they (the attorney) carries out their duties. In laymans terms: He can not represent you because he could be accused of not doing the job to the best of his abilities because he was either retained by the husband, or represented one of his parents. If he was already hired by the husband, he obviously can not be your lawyer as well because it is not an agreed entry. If he represented his parent in the past, you could say he did not do his job because he is friends with the husband's parent and did not work to the full capacity of his capabilities. Best wishes
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