What Constitutes a Conflict of Interest in a Divorce Case?

When seeking a divorce, you must know what constitutes a conflict of interest for your attorney. An attorney with a conflict of interest can unfavorably alter the outcome of your case.

Common examples of potential conflicts of interest in a divorce case include:

• After interviewing a prospective divorce attorney, even if you decide not to hire him or her, the attorney is no longer allowed to represent your spouse. This is because confidential information can be obtained from just a preliminary interview.
• An attorney is never allowed to represent both spouses during a divorce, even if it's uncontested. This is because the spouses inherently have opposing interests regarding their long-term welfare and the distribution of marital property.
• It's considered a conflict of interest for an attorney with a large law firm to represent a client when another firm member represents the opposing party.
• Your attorney is not allowed to enter any business relationship in which he or she would receive confidential information about the opposing party.

The American Bar Association (ABA) has rules that govern ethical conduct for lawyers. These rules prevent conflicts of interest from affecting the outcome of a case. Lawyers who don't abide by the rules may be denied legal fees for the case, required to attend a disciplinary hearing, suspended from the practice of law, or permanently disbarred.

You can report an attorney for an ethical violation by filing a complaint with the State Bar of California. You'll be asked to provide the lawyer's name, address, and phone number, a description of why you hired him or her to represent you, and a detailed description of what you believe is the potential conflict of interest.

How Can We Help?

If you need legal representation during your divorce, please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com. Our experienced Pasadena divorce attorneys are eager to advocate for your needs throughout the divorce process.