Attorney Conflict of Interest

Ryan N.

New Member
Jurisdiction
Washington
An attorney served as court facilitator for my estranged wife and myself. After divorce was finalized I seek counsel and served ex-wife with CR59/CR60 motion citing mistakes made. Ex-wife was friends with facilitator and had her write declaration of counsel against me. I lost in court. I remarried and had a child with new wife. Served ex-wife with motion to adjust child support. Ex-wife got in touch with new wife's ex-husband and now the same attorney who facilitated for me and ex-wife is representing new wife's ex-husband. There's more to story but this is just the basics. Feel free to have me elaborate.
 
An attorney served as court facilitator for my estranged wife and myself. After divorce was finalized I seek counsel and served ex-wife with CR59/CR60 motion citing mistakes made. Ex-wife was friends with facilitator and had her write declaration of counsel against me. I lost in court. I remarried and had a child with new wife. Served ex-wife with motion to adjust child support. Ex-wife got in touch with new wife's ex-husband and now the same attorney who facilitated for me and ex-wife is representing new wife's ex-husband. There's more to story but this is just the basics. Feel free to have me elaborate.
Did you have a question?
 
In what legal matter is the LF representing the ex?? In a case with your wife?
She is now representing my wife's ex-husband in both adoption matters and child support matters. However, I believe that the attorney (who is my ex-wife's friend and lied on court documents (I have proof)) is only representing ex-husband (possibly pro bono) to help her friend (my ex-wife).
 
She is now representing my wife's ex-husband in both adoption matters and child support matters. However, I believe that the attorney (who is my ex-wife's friend and lied on court documents (I have proof)) is only representing ex-husband (possibly pro bono) to help her friend (my ex-wife).
The ex husband is adopting a child?

I fail to see how the attorney is in conflict...Your wife's child support and her ex husband adopting a child have nothing LEGALLY to do with you.

@Tax Counsel is an attorney that volunteers here...Hopefully he can give you a more detailed answer.
 
The ex husband is adopting a child?

I fail to see how the attorney is in conflict...Your wife's child support and her ex husband adopting a child have nothing LEGALLY to do with you.

@Tax Counsel is an attorney that volunteers here...Hopefully he can give you a more detailed answer.
Ex-husband has already adopted the kids from previous marriage. He meets most, if not all, requirements of abandonment (25,000 dollars in arrears). I am trying to adopt but ex-husband did not enter picture until notified of adoption. I will be reporting his attorney to BAR assoc. for misconduct.
 
Haha. Yeah. Can the attorney facilitator represent my new wife's ex-husband legally?

Yes. Your new wife and her ex-husband's issues have nothing to do with the matter that you and your ex-wife used the facilitator for. The basic idea behind the conflict of interest rules is to prevent situations in which the attorney would either (1) be able to use a client's or former client's confidential information he got from representing the client in one matter against him in another or (2) the attorney would be placed in a position where he may not be motivated to do his best for his client because competing interest of the lawyer would work against that.

Here, your new wife was never a client of the facilitator so far as I can tell from your facts. So the facilitator representing her ex isn't a conflict of interest because he does not have confidential information from some prior representation of her that he could now use against her in this current matter.
 
I don't know exactly what the role of a "facilitator" is in a Washington divorce action, but I assume it's similar to a mediator.

With respect to the declaration you mentioned, as long as it was factually true and did not contain information covered by the mediation privilege, there was nothing wrong with that.

With respect to the facilitator's representation of your new wife's ex-husband, there's nothing wrong with that. Their case has no apparent connection to your case. Indeed, in a conflicts check relating to your ex-wife's case, the lawyer would likely have no reason to know that she is now married to you.

She is now representing my wife's ex-husband in both adoption matters and child support matters.

Your wife's ex-husband's efforts to adopt have nothing to do with you.

I believe that the attorney (who is my ex-wife's friend and lied on court documents (I have proof))

But you said you lost in the case where the alleged lies occurred, so I guess you didn't present your "proof" to controvert what the lawyer testified to.

is only representing ex-husband (possibly pro bono) to help her friend (my ex-wife).

Again, this has nothing to do with you.

I will be reporting his attorney to BAR assoc. for misconduct.

Unless you have something better than what you presented here, you should expect the case to be closed without action.
 
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