Attorney conflict of interest


#1

My spouse has paid an attorney $350 for a consultation fee. To the best of my knowledge she has not provided the attorney and additional money towards the $10,000 the attorney will cost.
Would it be a conflict of interest for the attorney, if I in turn tried to hire the same attorney by paying the attorney’s $10,000 fee? Would I be able to hire the attorney?


#2

It is the attorney’s responsibility to make sure there is no conflict of interest before allowing a client to retain. But, generally the fact that one spouse has consulted with an attorney in the matter will prevent the attorney from being able to represent the other spouse.