free30pr
Apr 15, 2012, 05:17 AM
My divorce was final in 2004.  I was served with papers for modification of parenting plan and child support and his new wife (a lawyer) is representing him.  Isn't this a conflict of interest?
AK lawyer
Apr 15, 2012, 05:47 AM
No.
 
A conflict of interest occurs when one (such as an attorney) has two conflicting loyalties:
 
 to one person (such as a client); and
 to another person or entity (such as a husband).
 
 
In her case, loyalty #1 and #2 are the same, so their interests would not conflict.
 
There might be a problem, however, should she become a witness in the case.  In general, an attorney may not also be a witness in the matter at hand.
ScottGem
Apr 15, 2012, 08:11 AM
I don't see any more of a conflict of interest then if he was representing himself. Which is none.