Possible Conflict of Interest

[EastCoastMom]

The scenario goes like this:

Unmarried couple purchase a house. Relationship dissolves. TRO is in place of the female. Male applies for TRO 2 days later and is approved for TRO.

Initial court date is delayed as Male is using his attorney.

The question is this.....

This attorney represented both parties for the purchase of their joint home. Is this or is this not a conflict of interest for the attorney to represent the Male against the Female for the TRO???

Thanks for any information.

 

[ConflictinVA]

Conflict of interest for attorney

This does not qualify as a conflict of interest in the state of Virginia and probably in other states as well.
It becomes conflict of interest only when information obtained in the previous instance can be used in the current case. For example: Both of you use the services of an attorney for an adoption. When you split and fight for custody, this attorney can NOT be retained by either one of you.
hint: look for "LEO" on state bar website.

p.s. I am not an attorney, but want to become one when I grow up.

 

[jharris352]

The main reason this is not a conflict of interest is that a closing attorney does NOT usually represent either the buyer or the seller in a closing transaction. The closing attorney represents the LENDER. Therefore the closing attorney can represent either of you at a later date without a conflict of interest.

 

[BayState]

Just an FYI: The OP posted in Jan of 2008 and has not been back.

 

[jharris352]

I get caught with that everytime!