Representation


#1

I would really like to know the answer to this question. My boyfriend’s ex-wife works for a law firm and her boss wrote up their separation agreement. Since we have been discussing getting married, I read the agreement and couldn’t believe what I read! He had no legal representation, because he couldn’t afford it, and she really hung him out to dry. How in the world could her boss legally represent her and it not be a conflict of interest?


#2

Hopefully, an attorney will respond to this because I don’t believe it works that way. I think it would only be a conflict if he tried to hire the firm she works for.
If my husband took his ex back to court for custody, she could not hire the attorney that represented him in their original court proceedings for custody, and child support, even if he didn’t hire the same attorney to represnet him.
That attorney, like the one these women work for, has inside information that is privilaged to an attorney/client relationship and even if they were not actually clients, being employees, it’s possible to overhear something in office that would make that attorney have to excuse himself from the case, if he were representing the other party.
To Malaki, he should not have signed an agreement without at least having someone else read over it. Sorry to say that if he signed it, there’s really no getting out of it. That’s the same thing my husband’s ex did, though he was actually fair and she came out of it really better off finacially than he did. She didn’t have anyone else read over it and tried to get more out of him after we started dating.
Good luck to you both!


#3

Never EVER have the same lawyer unless both of you COMPLETELY, 100%, NO QUESTIONS ASKED agree on EVERYTHING in the agreement. If you look closely, there should be a clause in your boyfriend’s agreement that states that he is unrepresented by legal counsel. This clause is there, I believe, to protect the lawyer that IS representing.

Once you sign an agreement, it is binding! My ex and I shared a lawyer and my lawyer asked my ex if he understood that he was unrepresented and that I was. He said yes. It is stated in our agreement. He read it and he signed it. Later…when he decided the agreement wasn’t ‘fair’, he got mad and said he was coersed to sign. Funny thing is that the ex made up the terms and came up with the support amount on his own. When he realized he couldn’t pay it…he decided to call foul. This has been the sore spot in our post-marriage relationship. I will always be blamed for it.

DON’T SIGN ANYTHING YOU’RE NOT WILLING TO LIVE WITH JUST TO END A RELATIONSHIP. GET YOUR OWN LAWYER AND GET A GOOD ONE. Yes…I am yelling. [}:)]


#4

Dear td0371:

Greetings. Okay, so if I understand the question - woman works for a law firm - can the law firm represent her. Yes, the law firm can represent her and no there is not a conflict unless the law firm previously represented the man. However, it may not be a good idea, especially if he went to parties, etc., together with them. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#5

I have a friend going through a nasty divorce. Their spouse works for a law firm. Is it a conflict of interest for the firm that she is employed to represent her ?