Should I try to have a lawyer removed from a case due to conflict of interest?

I am going through a custody battle and I am pro se. The lawyer that is representing my son's father represented me several years ago in a criminal matter. The criminal matter was a violation of probation, and I have since successfully completed the probation and the charges were expunged from my record. Should I try to fight and have him removed due to potential bias? And if I should, how do I go about asking the judge to have this lawyer removed from the case?

Macomb, MI -

Attorney Answers (4)

Jessica Lynn Kuipers

Jessica Lynn Kuipers

Ethics / Professional Responsibility Lawyer - Grand Rapids, MI
Answered

If you feel the attorney may be potentially biased due to his representation of you in the criminal matter then you should motion the court for his removal. You can file the motion and schedule a hearing regarding the motion yourself or retain counsel. If you need help you may want to retain counsel. Good luck and I wish you the best!

John F. Brennan

John F. Brennan

Business Attorney - Saint Clair Shores, MI
Answered

There is a Conflict of interest because it is possible lawyer has additional and otherwise unavailable confidential information about you. File a motion with the judge for his disqualification.

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Gregory M. Janks

Gregory M. Janks

Ethics / Professional Responsibility Lawyer - Auburn Hills, MI
Answered

The problem I see is that any "bias" is "potential" and not proven. Further, the lawyer could be biased against you and that is likely not grounds for removal. The grounds for removal would be if the lawyer used the information gained in previously representing you against you in the current proceedings. That would be a clear conflict of interest and would violate the Michigan Rules of Professional Conduct (MRPC). You may want to look @ the michbar.org website and look up the MRPC, and specifically read 1.9 (and also look @ 1.7 and 1.8). Certainly if the lawyer is using information he gained while previously representing you, and that isn't a matter of public record, to now claim you are unfit, that would seem to violate the MRPC. Any Judge would be interested in such a violation as would the Michigan Bar.

Gary Francis Kennedy II

Gary Francis Kennedy II

Criminal Defense Attorney - Shelby Township, MI
Answered

You should hire an attorney to help you with this.

Kennedy Law Office, PLLC
586-580-1942
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