How To Spot And Avoid Conflicts Of Interest With Your Divorce Attorney
Your divorce attorney is an integral part of finding the best possible outcome for you and your family. This means that you must be able to rely on them to work in your best interests. One thing that can jeopardize this is a conflict of interest. What conflicts of interest might you encounter with a divorce lawyer? And how can you avoid them? Here's what you need to know.
What Is a Conflict Of Interest?
For legal purposes, a conflict of interest happens when the other party's personal interests could compromise their judgment, guidance, or actions regarding your case.
For example, consider an employee suing their employer for sexual harassment. If the same lawyer represented both sides, they might naturally favor one side. Perhaps it's the employer, whose pockets are bigger. Or maybe they can get more from a big employee settlement, so they might be biased toward building a strong employee case. Either way, neither side's interests are correctly served.
How Are Divorce Lawyers Conflicted?
What might a conflict of interest look like in your divorce? The most common is when both spouses are represented by the same attorney. In an uncontested, amicable divorce, this might work out fine as well as save time and money. But if there is anything to negotiate, neither spouse has any guarantee that they are getting quality, impartial guidance.
Similarly, an attorney might work at a firm or have partners who represent your spouse. This can easily happen if you engage a large firm or if there aren't many firms in your area. This type of potential conflict may not be insurmountable, but both spouses have the right to know about it and make their own decisions about who to use as their representation.
A less common issue arises if your spouse is related to or friends with the attorney. Their personal feelings are hard to separate from the case at hand, especially if it's a contentious divorce. This kind of conflict is generally one to avoid if at all possible.
For instance, an attorney who wants to buy your family business has a conflict of interest in your case.
How Can You Avoid Problems?
You must be able to talk with your attorney freely, asking specific questions about any conflicts of interest. And if one exists, learn all about ways that you and your legal team can minimize it.
Start by meeting with a divorce attorney in your area to learn more.
