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jack_46 · Feb 28, 2011, 09:10 PM

My Ex filed bankruptcy and moved in with guy #2, The property we owned together was going into foreclosure. I made a deal with the bank to get the mortgage current as long as my ex signed a quit claim deed which the banks lawyers complied. My ex stated she called a lawyer for this and to modify our divorce agreement on the said property.I received a call from the lawyer that my ex called "but did not retain" telling me she (the lawyer) can get this done quickly and I was to pay her(the lawyer) 600.00 for the paper work. I noticed on the header she(the lawyer) deemed my ex as represented by her(the lawyer) and me a pro se. I did'nt even know what a pro se was until I just looked it up. Is this legal? My ex makes the call I pay for services rendered in my best interest and the banks, and my ex didn't even pay a retainer.. Who's lawyer is this by law? I most recently filed a motion to modify to attain more time with my son per his wishes and mine. I will be a son of a gun my ex ended up retaining this same lawyer! Could this potentially be a conflict of interest or did this lawyer cover herself prior? Jim from Maine

AK lawyer · Feb 28, 2011, 10:38 PM

Originally Posted by jack_46

My Ex filed bankruptcy and moved in with guy #2, The property we owned together was going into foreclosure. I made a deal with the bank to get the mortgage current as long as my ex signed a quit claim deed which the banks lawyers complied. My ex stated she called a lawyer for this and to modify our divorce agreement on the said property.I received a call from the lawyer that my ex called "but did not retain" telling me she (the lawyer) can get this done quickly and I was to pay her(the lawyer) 600.00 for the paper work. I noticed on the header she(the lawyer) deemed my ex as represented by her(the lawyer) and me a pro se. I did'nt even know what a pro se was until I just looked it up. Is this legal? My ex makes the call I pay for services rendered in my best interest and the banks, and my ex didnt even pay a retainer.. Who's lawyer is this by law? I most recently filed a motion to modify to attain more time with my son per his wishes and mine. I will be a son of a gun my ex ended up retaining this same lawyer! Could this potentially be a conflict of interest or did this lawyer cover herself prior? Jim from Maine

Let me get this straight:

You made a deal with the bank and the bank paid for the quitclaim for your ex to sign.
Your ex consulted this lawyer to determine whether she should sign it.
The lawyer recommended that a modification of the divorce decree also be done, and offered to do that for $600.
You paid the $600, and now the lawyer is representing your ex in another matter connected with your divorce.

First, I wouldn't have paid the lawyer. But, although you did pay, the lawyer clearly represented your ex and not you, so no, the lawyer doesn't have a conflict of interest.

jack_46 · Mar 1, 2011, 06:06 AM

I paid for the lawyer not the bank. The reason I paid the lawyer was I was basically stuck between a rock and a hard place sort of speak. The bank had a court date set in less than a week. I was very proactive trying to get my ex to sign a quit claim deed 7 weeks prior. Jim from Maine

Fr_Chuck · Mar 1, 2011, 06:13 AM

In divorce proceedings it is common to ask the other party to pay for it. Normally this is done though the court. I know many people who have had there ex pay.

Did this get the quitclaim did signed and finished, so has it been modified and you are done and happy with everything else.

If it got you what you wanted it was a cheap fix, since she could have just refused to sign the quitclaim deed without a costly court battle

jack_46 · Mar 1, 2011, 08:14 AM

Yes she signed it and it was a cheap fix. Since I now have the property exclusively in my name I can either sell it at somepoint when the market goes back up or maintain it until I pass and will it to my son.. All positives

jack_46 · Mar 1, 2011, 08:15 AM

I paid for the lawyer and the quitclaim not the bank. Thanks for your perspective.

excon · Mar 1, 2011, 08:24 AM

Hello Jim:

It does sound a bit strange... But, you got GOOD service from her at a fair price. Now, she's representing your ex on another mater... Yes, it's probably a conflict, but what do you want to DO about it?? If you manage to get her fired, your ex will just hire somebody else. YOU gain nothing - except maybe retribution on a lawyer who did nothing to you, but give you good service.

excon

AK lawyer · Mar 1, 2011, 10:43 AM

Originally Posted by jack_46

... a deal with the bank to get the mortgage current as long as my ex signed a quit claim deed which the banks lawyers complied. ...

The "banks lawyers complied" language is what suggested to me that that lawyer prepared the QCD (which of course are usually quite simple anyway).

In any event, it is clear that you knew from the get-go that she was representing your ex wife and not you. She was quite clear on that. The fact that you pay another party's lawyer fees doesn't make that lawyer yours. There is no dual-representation conflict here.