Can a lawyer that was representing my opponent in real estate matter turn against her former client and represent me in court

Asked almost 2 years ago - Jamaica, NY

my former girlfriend and i was in dispute how to share property but she fired her lawyer who now want to represent me now that it is going to court

Attorney answers (4)

  1. Steven Warren Smollens

    Contributor Level 20

    4

    Lawyers agree

    Answered . Dear can a lawyer represent?

    No. Even were your former girlfriend to consent to the relationship, in spite of the obvious conflict, there is no way for the attorney to isolate confidential and privileged knowledge and information gained in the same matter while representing the initial client.

    You may consider how the attorney could fairly represent you and how the court may react. And you may feel more comfortable if you find another attorney.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . Not in the same case... that is a clear conflict of interest.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Jayson Lutzky

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Conflict of interest for a lawyer to switch sides and represent the opposing side in a case. Ethically, the lawyer can not represent the opposing side and would be disqualified by the court.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  4. Bradley D. Harville

    Contributor Level 13

    3

    Lawyers agree

    Answered . Ditto.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,889 answers this week

2,845 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,889 answers this week

2,845 attorneys answering