conflict of interest?

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JenniferW

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An attorney me and my husband know, was a childhood friend of his, became friends with me , and came to our wedding 7 years ago.

Now, he has served as my husbands attorney through our divorce, and is very rude to me, yells at me over the phone, is very unprofessional. Now we are in court again. My ex is using this friend attorney again. This attorney is taking this all wayyyyy too personal.

Is this an ethics problem? Conflict of interest?
 
Hi Jennifer,

Unless you have hired him in the past, he has represented you and your husband as a couple, talked with you about the divorce and THEN represented your husband, then no. It would not be a conflict of interest. It is possible that he never really cared for you, and was friendly because of his friendship with your husband.
I would suggest recording your calls. When he calls and starts yelling at you, save the tape. After 2 or 3 calls, yo should have sufficient evidence of his unethical behavior. I would consult with your attorney, and then report him to the BAR.
 
If you do not have your own attorney then you need to get one. Have your husbands attorney contact you through your attorney. Your husbands attorney is trying to bully you and will end up taking advantage of you if you do not have proper representation.
I'm sure it hurts being treated this way. It is not professional and just shows he was never your friend. And yes, you can report him to the bar association. Good luck.
 
No, its only a conflict if you hired him in the past.. otherwise he can be your husbands attorney, however, you can write a letter to the bar association explaining his unprofessional behavior i.e. the yelling at you. They wont do anything other than warn him but maybe that will tune him down a bit. Unfortunately, he can be your husbands go man.... and rake you through the coals and is probably doing it for nothing.... your best off to just settle and move on.
 
Legally speaking, it is not a conflict of interest however on a personal level, I can see how you would feel hurt and frustrated.
At this point, do not speak directly with him. Hire an attorney and have all communications go through the lawyers.
 
He is too personally involved. Not impartial enough to represent either of you. Clearly he has decided to personally side with your husband being his childhood friend.
 
Legally speaking, it is not a conflict of interest however on a personal level, I can see how you would feel hurt and frustrated.
At this point, do not speak directly with him. Hire an attorney and have all communications go through the lawyers.
 
I would have to say yes. It is very unprofessional. Being your husbands attorney is one thing, but his own personal actions towards you are crossing the line. No council has a legal right to be belligerent and demeaning in any way towards a plaintiff or defendant.

This is past unprofessional. Ethics question, definitely. This does need to be addressed before the judge.
 
I would have to say yes. It is very unprofessional. Being your husbands attorney is one thing, but his own personal actions towards you are crossing the line. No council has a legal right to be belligerent and demeaning in any way towards a plaintiff or defendant.

This is past unprofessional. Ethics question, definitely. This does need to be addressed before the judge.
 
I would have to say yes. It is very unprofessional. Being your husbands attorney is one thing, but his own personal actions towards you are crossing the line. No council has a legal right to be belligerent and demeaning in any way towards a plaintiff or defendant.

This is past unprofessional. Ethics question, definitely. This does need to be addressed before the judge.
 
I would have to say yes. It is very unprofessional. Being your husbands attorney is one thing, but his own personal actions towards you are crossing the line. No council has a legal right to be belligerent and demeaning in any way towards a plaintiff or defendant.

This is past unprofessional. Ethics question, definitely. This does need to be addressed before the judge.
 
The only way conflict of interest would have come into play is if the attorney told your husband he couldn't represent him because he was friends with both of you.
Demand that your husband's attorney only speak to YOUR attorney. He shouldn't be contacting you personally. If he continues to harass you, threaten that you will report him to the State Bar. (a threat should do the trick - no lawyer wants to be reported)
 
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