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Conflict of interest is a big problem when you try to research divorce attorneys. While you want to save money, there are factors you must consider that can actually translate into a conflict of interest on the lawyer’s part. A reputable divorce attorney will spot these red flags and recommend someone else to handle your case, but even if it doesn’t, you need to be aware of some of the issues that actually constitute a conflict of interest. You need to find someone else to represent you in these cases:
• The attorney represented you and your soon-to-be ex-spouse at any time during your marriage.
• The lawyer is a family friend of yours and/or your spouse’s.
• The lawyer is a member of the ex-husband’s family.
• The attorney works for someone in your spouse’s family or represents your spouse’s employer.
• The lawyer is representing your spouse either in divorce or any other matter which may be related to divorce.
One place some couples try to save money is when it comes to hiring divorce attorneys. Even if the divorce is amicable, and you have reached your settlement, the lawyer should not ethically represent both of you, and any reputable divorce lawyer will refuse to do so. The same is true of an attorney who may have represented you in any capacity during your marriage other than the closing on your home. Conflict of interest is one of the easiest ways to overturn a court decision, and you may end up with a settlement that isn’t exactly what you wanted in the end.
Another potential conflict of interest is a divorce attorney who is also a friend of you and your spouse. In this case you are asking the lawyer to choose sides, and while there are some people who are able to separate the personal from the business, divorce lawyers do not like to do this nor should they be asked to do so. . If you have a friend who is a divorce attorney, you should ask them to refer you to someone who is capable of handling your divorce. In fact, you should actually avoid family members as well because it is likely that this could create an uncomfortable situation after the divorce – an unhealthy situation if there are children involved.
The easiest way to avoid a conflict of interest when choosing a divorce attorney is to choose someone to whom neither you nor your ex-spouse have any relationship. In other words, don’t choose family friends or relatives on either side of the family, any attorneys you may have used as a couple in the past, and any attorneys associated with the former spouse’s employer. The more careful you are to avoid conflicts of interest, the more likely it is that both of you will divorce lawyer You can work together to come up with an agreement that is satisfactory to both parties in the divorce.
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