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Is it considered a "conflict of interest" is my ex's lawyer presently was the magistrate who ruled on the first custody case?

Hudson, OH |

My ex took me to court about 10 years ago for visitation. We are back in court again but his lawyer is the magistrate who ruled on the original custody/visitation case. Is this a conflict of interest? I

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Attorney answers 1

Posted

Yes it is. You should: 1) find your own attorney, 2) inform your own attorney about this conflict so they can file a motion to disqualify opposing counsel. If your opposing counsel knew of the conflict and concealed it, then it could become a bar complaint.

FInd an experienced domestic relations attorney immediately to handle this litigation.

Asker

Posted

What if his attorney is head of the county's bar association? could he still be reprimanded? I brought this up to my attorney, but he told me it wasn't a big deal. The court has already made a ruling in the case, which I am appealing. Is it too late to take action regarding this?

Donald Michael Gallick

Donald Michael Gallick

Posted

You can file a motion to disqualify the attorney from handling the appeal. Filing a bar complaint isn't to help your case, it is to protect the public from an unethical attorney. If you feel the county bar won't investigate him, you can file directly with the Ohio Supreme Court disciplinary counsel.

Asker

Posted

Thank you for the information! It's been a great help!

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