A lawyer has an ongoing duty of loyalty to his clients (and former clients). Therefore, he can t take on clients with conflicting interests, even if he isn t representing both at the same time. A lawyer can t take on a case that puts another client or former client as an opposing party. On the other hand, it isn t strictly prohibited - though it may indeed be a bad idea - for a lawyer to take on a case that makes a former opposing party into a client. It would have to be a different matter, such that the former client has no interests in it. What *may* have happened, then, is that the father may have sought legal advice from him on another matter. (I ve heard that in some small cities, it s fairly common to conflict out firms by tricking junior lawyers into giving you legal advice; that done, the firm would have a hard time representing somebody in litigation against you, because it would violate the duty of loyalty.)
In the US generally--if the lawyer previously helped both of you to come settle a custody matter, but now there is a dispute between you, he cannot represent either one of you without consent from the other. If the lawyer previously represented only you in a custody matter against your ex, he cannot represent your ex on the custody matter now. If the lawyer previously represented you in the custody matter, but later wanted to represent your ex on something completely unrelated to custody, such as sale of a house or a lawsuit against someone else, he is probably required by state ethics rules to get your consent first, but in some states and cases he does not need consent. BUT, if you later come to him for advice again and he has learned information about your ex in the unrelated case that is now important to you and your case, he may not represent you again. There are lots of possibilities. Ask him for your complete file and get a new lawyer. EDIT - conflict of interest means that he represents, or has represented, someone who is quot;adversequot; or opposed to your legal case. It can also mean that he has learned attorney-client privileged information from someone that might help your case, but since it is privileged, he can t tell you. So, he cannot represent you effectively due to this quot;conflictquot; between what is good for you (your interests) and the other person s interests.
It will result in conflict of interest. Lawyer’s have there own code of ethics. They shall as much as possible avoid accepting services of a client when it will involve conflict of interest. It is the duty of a lawyer to disclose and explain to a prospective client all circumstances of his relations to the parties and any interest in or connection with the controversy. If it will to a conflict of interest he shall forthwith inform the prospective client. If, for instance, a lawyer conceals the fact that the adverse party used to be his client, the new client may have reason to suspect, in case of unfavorable judgment, that the circumstance prevented form full discharge of his duty. Concealment of facts material to employment may cause client to lose confidence in him and may event affect his fee,
no, that would be considered a conflict of interest. they just can t do that.
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