Does anyone know if a lawyer that represented someone in the past can be

[Heston]

Does anyone know if a lawyer (or lawyer from the office of) attorneys that acted for someone in the past, can then act for the opposition against that person?

The lawyer representing my child's mother in the current and ever more hideous case, owns the firm of lawyers, two of which acted on my behalf in the past.  They have access to my files from a prior divorce. 

Does anyone know if the court could be motioned asking for this firm of lawyers to be removed from the case on the basis of the facts mentioned?

This lawyer does have access to my previous files.

[Simplydad]

If this firm represented you in the past and in relation to this divorce/custody I do not believe that can take your ex as a client and represent her.  I am not truly certain on that though.

[Heston]

Thanks.  This particular lawyer has represented my child's mother previously in this case, when I had representation.  I don't know if that would affect my asking that he and his firm be removed now.  He is showing signs of having looked at my previous file which he has access to, from when his firm represented me in a divorce that was separate from the current case. 

[Kitty C.]

My response is on the assumption that the same laws apply for all states.  I know from experience that when DH tried to use another atty. who was in the same office as the atty. BM had used in the original divorce/custody proceedings, he was told it was a conflict of interest.  That's not to say he could use an atty. in that office for other legal actions, but just not in regards to the custody case.

I would say dump this guy...this sounds too unethical to me and if he didn't tell you up front that he can't represent you now after representing BM in the past, that sounds very shady.

[Giggles]

I would say dump this guy...this sounds too unethical to me and if he didn't tell you up front that he can't represent you now after representing BM in the past, that sounds very shady.

I think the BM has this lawyer (or lawfirm) now that used to work for Heston previously....

[ocean]

I know in NY they can not represent the other party for LIFE. That is why "some" people go lawyer shopping, whoever you have a consultation with, the other party can never use them and eliminating some of their choices

I would call her lawyer up and remind him that he represented you back in XX and that he needs to withdraw as her lawyer in this case. If they wont you can ask the courts to do it.

[Heston]

Thanks for all the responses.  It seems the general consensus is that he should not be representing the BM, but I just want to clarify the situation in case there is any misunderstanding as I don't want to ask that he is removed and look stupid although I do feel he should be removed.

The current lawyer (X) owns a law firm.  Some years ago some lawyers in that law firm represented me in my divorce and custody case with my ex wife.  This concerned my older child.  That law firm still has my court records and other files.

My daughter is from a subsequent relationship where I was not married to the mom, (BM) but I have joint physical and legal custody.  Lawyer X has been representing the BM for a couple of years and was her most recent "recruit".  (The BM has gone thru several lawyers in the past several years.)  At the last hearing about 18 months ago, lawyer X represented the BM and my attorney represented me.  My attorney did not request his removal.  I don't know if that has any bearing on the matter.  I feel it is inappropriate for lawyer X to represent the BM against me, expecially when the BM is using vile tactics, when lawyer X has access to lots of privileged and confidential information about me from the past.  Lawyer X is most definitely a shady character as my ex lawyer warned me recently. 



 

[Kitty C.]

You are absolutely right.........you need to file a petition to have him removed from the case for conflict of interest.  And I would also report him to the state bar assoc.  He could get sanctions from this, which might include fines and/or suspension/revocation of his license.

[fight4him]

Our attorney told us that once we hired her she could never be hired by anyone else against DH. I would assume that goes for a firm as well but I'm not sure.

[Heston]

Our attorney told us that once we hired her she could never be hired by anyone else against DH. I would assume that goes for a firm as well but I'm not sure.

Thanks.