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Is it a conflict of interest for a real estate attorney to represent a party in a divorce case when another party in the action is a referral source for real estate transactions?
Wiki User
∙ 16y ago
Yes. An attorney owes a duty of loyalty to his or her client. Where A and B are parties to a divorce action, and I represent A, I am conflicted if, (a) I have received a benefit by virtue of my past dealings w/B; or (b) on the basis of my past dealings w/B, I have an expectation of a benefit. A benefit need not be direct, as in the case of direct cash compensation, for a conflict to exist.
Wiki User
∙ 16y ago
Wiki User
∙ 15y agoCAN I SAY YES, YES AND YES!!!! THEY SHOULD KNOW THIS AND TOLD YOU TO USE SOMEONE ELSE. A situation like that only ensures the interest of the related professionals rather than the clients who hired them.
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Is it illegal for an attorney to represent both parties in a divorce?
Yes. That would be a conflict of interest.
Is it a conflict of interest for a divorce attorney to hire a client and continue to represent them in cases related to the divorce?
The question is a little confusing, but no, it's not usually a conflict of interest for an attorney to represent someone who works for them, or who is also a client they're representing in other cases. (After all, an attorney is supposed to do the best possible job for their client.)
Would it be a conflict of interest if my husband were to use the attorney that his ex-wife works for as a divorce attorney now?
Depends on what type of issue they are handling. If it deals with divorce, probably. If it is simply business deals or even criminal cases, no there isn't a conflict of interest, unless he is representing both parties in the same action or negotiation and they are on opposite sides.
Is it a conflict of interest for an attorney and client to have dinner?
no
Is it ethical for an attorney to be a guardian nad also represent the conservator of an estate?
It is not ethical...that would be considered conflict of interest and the court should nt allow it.
If you consulted with an attorney and your mother hired him for matters against you is that misconduct?
That attorney has a conflict of interest.
Can an attorney defending you in a criminal case represent you in a 'malicious prosecution' case?
No, it would be a conflict of interest. Confusing Query I shall assume that what the querist is asking is, can the attorney who defended he or she in a criminal trial become his or her legal representative in a civil suit against the state for 'malicious prosecution'. If that is indeed the case, then there would not be a conflict of interest and the plaintiff may use whomever he or she choose to represent them. It would likely be beneficial to the client to retain the same attorney as he or she would be quite familiar with the specifics of the case.
Is it illegal to represent 2 clients that are trying to get a restraining order against each other?
Yes, that individual would have a "Conflict of Interest." Both must represented by a diifferent attorney.
Can the same attorney represent the victim and the defendant on a domestic violence case were it's the state vs defendant in Tennessee?
They most certainly cannot do so. It would be a conflict of interest.
Is it a conflict of interest that your divorce attorney is good friends and speaks daily with a woman your husband would like to marrY?
Absoultely! If your soon-to-be ex husband is in a relationship with this woman it is a serious conflict. How can you expect to get fair and unbiased legal representation? Find another attorney, file against this attorney for conflict of interest and get on with the divorce!
If an attorney represented your granny and now represents your ex is that a conflict of interest?
not if her case is finished. also if they are separate cases that doesn't deal directly with your granny and you ex then the attorney can accept both cases without conflict of interest.
Is it legal for a lawyer to represent both sides of an agreement?
No that is a conflict of interest.
