I was served last week with a civil summons in regard to dissolution of marriage from my husband. I was shocked to see the law firm I have used for years was representing my husband. During our marriage, we had used these attorneys to prepare wills and for another small matter concerning a land contract. My question is. . . when does conflict of interest come into play here? When we had our wills done, I vividly remember the attorney telling us "if a divorce happens, I would be obligated to represent wife (me in this case). Should I call and question the firm's actions in representing my husband??

lestyk

Absolutely!

ScottGem

If the firm represented you as a family, not you separately, then I see no requirement that they represent one party or the other. They are entitled to represent who they choose. I don't see a conflict of interest. It would be no more a conflict for them to represent you then your husband.

If the atty did say that, they can change their mind.

ScottGem

Please do not use PMs for followups. And responses should be posted to the thread.

lestyk

No, ScotGem, you are not correct. Once a law firm has represented a party they have establlished a confidential relationship with all members of the party. The firm in question may not represent the husband without the consent of the wife. Even though the attorney said he could only represent the wife in a future action, he was not correct. He would have to have the permission of the husband even to represent the wife in this case. The rules are intended to prevent even the appearance of a conflict of interest. All reputable law firms that I know of go to great lengths to prevent this from happening. It is certainly NOT the privilege of the law firm or one of its lawyers to change their mind!

ScottGem

What you say makes sense. From a legal ethics standpoint, it may be a conflict for a firm that previously represented a domestic partnership to represent one part of that partnership in an adversarial proceeding.