Can my ex use my old lawyer?
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Can my ex use my old lawyer?
No it cannot. Your old attorney cannot represent your husband unless you have waived any conflict of interest.
Can a lawyer represent you twice?
Yes, there is nothing prohibiting an individual from retaining a single attorney to represent him in two different matters.
Does the respondent have to pay for divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The simple fact is that the petitioner always pays the divorce fees.
Is it better to be the petitioner or the respondent in a divorce?
The name given to the spouse that files first for divorce is the Petitioner and the spouse that files second is called the Respondent. The clearest advantage to filing for divorce first is that at trial the Petitioner gets to present his/her evidence first. This advantage is not big enough to rush your divorce.
Why can’t I have a lawyer represent me in a divorce?
This is because of the information about the opposing party that may be known that could be used in the divorce negotiations. Lawyers are not allowed to represent you if they are your friend or have been associated with you as a couple during your marriage, or if they are a family member due to these conflict issues.
Is it legal for a lawyer to represent an adversary?
The answer is no if the lawyer who previously represented you received confidential information about you from you that the lawyer now is using against you. If the matters are totally unrelated, and there would be no appearance of impropriety for the lawyer to represent your adversary, then maybe.
Can a lawyer represent a client with adverse interests in family law?
The Rule 1.9 restriction on a lawyer who has represented a client from representing another with adverse interests in a substantially related matter has special relevance in family law, where questions arise about situations such as: drafting wills for a couple and later, one of them seeking representation in a divorce
Can my ex-husband represent my wife in my divorce case?
If he learned nothing special that he would not be learning anyway, if any past case had nothing whatsoever to do with what will happen in your divorce, then he can represent your wife. The thing to do in such cases is discuss the matter with your current attorney.