Attorney representing another conflicting interest...

[dipper]

Custody hearing in January - still no signed/filed order.  BM retained her attorney last November to represent son in criminal matters.  He is 14.

I refused to pay toward this as I feel it is conflicting interest.  Son wants to live with me, lawyer is legally forcing him to by representing mother's wants.  Should judge feel son is out of control in mother's care, lawyer cannot suggest he live with me as it would go against his other client (BM).

Son's hearing was to be in March, but lawyer was a no-show and it was moved to June.

last week, there was a deposition in the lawsuit for my son's burns.  BM is against the lawsuit.  During the depostion, BM and son's attorney came - to represent one of the children involved in son's burns.  My son's criminal attorney was there to have this individual plead the fifth so that she will not face any criminal charges regarding my son's injuries.

So, this attorney was protecting this person's interests against my son's interests.  After they left the room, I asked about this...the attorney for the insurance company said it was unethical......and the attorney for my son's lawsuit said it was a conflict of interest.

Soc, what kind of trouble could this cause the attorney if he is found to in fact be in the wrong?


As I have joint legal, am I entitled to knowing about meetings with my son for his defense in advance by this attorney?

[socrateaser]

>Soc, what kind of trouble could this cause the attorney if he
>is found to in fact be in the wrong?

Suspension/disbarrment. Neither, however, will get you any money, unless you sue the attorney separately for malpractice in representing your son. Otherwise, all you can do is complain to the state disciplinary agency, and/or ask the court to disqualify the attorney in continuing to represent your son.

>As I have joint legal, am I entitled to knowing about meetings
>with my son for his defense in advance by this attorney?

Interesting question. If your son wants your attorney to brief you, then the attorney must do so, or your son can discharge the attorney. In fact, your son can discharge the attorney for no reason at all. And, if his mom objects, then your son can ask the court to discharge the attorney.

The attorney represents the son, and ethically, cannot take instruction from the mother, even if she's paying the attorney fees. The attorney must not permit a third party, such as the mother, from interfering with the attorney's exercise of professional judgment.

But, as I said, the obvious and simple solution is for your son to discharge the attorney.

As for the representation of the other child, that is completely forbidden. The attorney can't represent your son in one action and your son's opponent in a different action. No reasonable attorney would believe that he/she would be able to represent both parties, even in separate actions, based on your facts, because the attorney will have privileged and confidential information from both parties, and will be unable to maintain those confidences and simulaneously and diligently represent each parties' interests.