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Attorney Conflict of Interest in Criminal/Civil both cases related

Houston, TX |

I was represented by an attorney that represents police officers, he represented me in an administrative hearing. I ended up working for him for 4 yrs and after that still did some work for him. My husband who works for him, we ended up getting married. I recently had my husband arrested for domestic violence and my husband immediately filed for divorce. My husband was evaluated by a licensed psychiatrist and was diagnosed with sociopathic tendencies.


This same attorney that represented me and I worked for, is now assisting in representing my husband in his criminal case and in our divorce proceedings. Isn't this a conflict of interest? I have been thru hell and I feel like I am being ganged up on, I feel threatened and most of all

Attorney Answers 1


  1. You indicate that your husband's current attorney previously represented you in an administrative hearing and is also your current or former employer. As such, you are correct - he is conflicted out of representing your husband in both the criminal case, where you are the victim, and in the divorce. The only exception would be if you signed a waiver of conflict and authorized him to represent your husband.

    You should immediately notify the district attorney who is in charge of prosecuting your husband that this conflict exists. He or she is in a position to assert your rights regarding the conflict. If you are represented in the divorce by your own attorney, that attorney should also call this to the attention of your husband's attorney and the court and request that he withdraw. If you do not have or cannot afford a divorce attorney, contact your area Legal Aid service for assistance. You do not have to go through this process alone.

    You also have the right to file a complaint with the state Bar Association. Go to www.TexasBar.com - they have a client grievance section which will assist you in knowing your rights and protecting your interests.

    Good luck.