This is a serious conflict of interest. I strongly suggest she find another attorney.
Thank you Ron, so much for your information.
Do you think it would be appropriate to change the lawyer while still in the collaborative process? It seems like the smart thing to do but I’m not sure if that would constitute a breakdown in the collaboration or if the collaboration has already been tainted by the conflict of interest between the two lawyers.
My friend does not want or can afford to go to court.
Thanks in advance, to you, or anyone, for taking the time to respond to this question. Your generosity is much appreciated.
Once a lawsuit is file the collaborative process is generally over (pursuant to the collaborative pledge) and each party generally obtains other counsel.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My friend is in a collaborative divorce process (a year now) and was just served with a complaint for full custody of her children while the collaboration still is on-going and was meant to avoid court. The thing I find awkward is that the husband’s lawyer and the wife’s lawyer are best friends and drive to the meetings together. The wife’s lawyer knew of this complaint for two weeks before she received it in the mail and he did not warn her or explain it to her. Now she feels attacked, untrusting of her lawyer, and panicked. Neither party has much money.
This sounds like he (the wife’s lawyer) is in agreement with the husband’s attorney on which way this effort should go. Isn’t that not representing his client?
thanks so much,