After going through mediation, something the mediator mentioned about my soon to be ex's financial situation caused me to go back and look at her court records online. I discovered during that process that her legal counsel should have conflicted themselves off the case I think. During our marriage, she used the same firm to represent her during a child modification with her first husband. I have a receipt from a credit card that was involved in our settlement of finances showing the attorney's retainer placed on the card. My question is that now the case is over, is it possible to sue the law firm over the conflict? Should I be reporting them to the WSBA?
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Sue Opposing Counsel over Conflict
- Thread Starter mmpro1
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Proserpina
Moderator
Why do you think this is a conflict of interest?
(Hint: it's not)
(Hint: it's not)
I've 3 folks I know who are lawyers, one now a mediator state that it IS a conflict. If the attorney was representing the community (witnessed by the retainer), and I was part of the community, and funds were paid out of community, then, according these professionals, the attorney should never represent against me. Correct?
Proserpina
Moderator
That would be incorrect.
You were not party to the original case at all - it matters not where the funds for retaining the attorney originated; what matters is that the attorney represented the individual. NOT the "community".
Nothing prevents your ex from retaining the same attorney in a separate action in which you are the other party.
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