In 2009 I hired an attorney for divorce proceedings and also asked about the possibility of child custody as my ex-wife had drug and alcohol problems. At this time, all the facts about this person - pretty ugly - and my children were presented to the attorney, as well as information about a person who had sexually abused my son (her boyfriend and drug supplier). Custody remained with the mother, now my children have been removed from her and are in foster care. She has hired the same attorney against me for the court case, again custody, trying to get the children back. WOULD THIS BE CONFLICT OF INTEREST?
Divorce / Separation Lawyer
If the facts are as you stated, that is such a serious conflict of interest that a lawyer could be suspended or disbarred.
Do two things on Monday: (1) Get a lawyer and discuss whether you lawyer should file a motion to disqualify opposing counsel with the court. (2) Contact the General Counsel of the State Bar of Georgia and request a bar complaint form.
There are some conflicts that are close calls. This one, if you've described it accurately, isn't.
Here is your contact info for the state bar:
Frederick, Paula General Counsel 404-527-8720 firstname.lastname@example.org .
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HUGE Conflict of interest -- not waivable. I don't see how that lawyer could represent your ex-wife in this matter, even with your written consent. You NEED to talk to a Georgia lawyer ASAP.
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Oh my yes. One of the clearest I have ever seen.
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