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Disqualifing attorney on grounds of consulting with both parties

Chicago, IL |

I consulted with an attorney about a prenuptial, child custody of children outside of my future marriage, and future children. I also had consulted with him about previous custody issues. This attorney died two weeks ago but was representing my husband in a present divorce and custody case. Agreed orders were entered that my husband got custody of my newborn child based of the info that I told my husband attorney when he was consulting with me and I just learned that this could be an issue but I want to know from the lawyers responding to this post if its true. What is the probability of me getting the custody order vacated based on this. I also have two witnesses that were with me when I discused this with the attorney.

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Attorney answers 2

Posted

If you had witnesses present during your consultation with the attorney, then the attorney-client privilege may have been waived. You should have objected to that attorney representing your husband long before now. It is likely that you will be deemed to have waived any conflict. It is not likely you will prevail now, but you should consult with an attorney in person and not ask from us what we cannot give you, which is the odds of your succeeding in a motion to vacate unless you were not present at the custody hearing due to default. There just is not enough information exchanged in this forum to answer your question. Please see an attorney in person for more help.

Asker

Posted

What if my husband wasn't present when the order was entered? and the witness wasn't in the room just went with me to the lawyers office and sat outside in waiting area

Judy A. Goldstein

Judy A. Goldstein

Posted

If someone went with you but sat in the waiting room then they are not witnesses. You need to speak with an attorney in person.

Posted

You have likely waited too long to now object to this likely conflict of interest. However, bring the facts to a family law attorney and discuss your prospects. Good luck

So far, this is free to you. Until you pay a fee, I am not your lawyer and you are not my client, so you take any free advice at your sole risk. I am licensed in IL, MO, TX and am a Reg. Pat. Atty. so advice in any other jurisdiction is general advice and should be confirmed with an attorney licensed in that jurisdiction.

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