What Does Conflicting Out an Attorney Mean?
Conflicting out an attorney is the basic practice of a “Conflict of Interest”. If you talk with an attorney, even if you do not hire them, it would be considered an ethical conflict of interest for your spouse to then hire them. Once you have done this, the attorney is bound to you and your case by Attorney-Client privilege and cannot represent your spouse and therefore cannot discuss your case with anyone else.
The ”Conflict of Interest” not only applies to the attorney you had a consultation with, but also the entire law firm the attorney works for. No one at the entire firm may discuss your case with your spouse.
Attorneys and Law Firms are required by law to maintain records called a conflict database of persons they have met with and discussed their case with. They must check for conflicts prior to being hired by any potential client. This is to protect everyone involved.
If you have any questions about Conflicting Out an Attorney, please schedule a call with us and we can help you sort through it. Who you hire for your attorney is a crucial decision that will affect your case for good or ill. Do not leave this up to chance. Schedule a call today.
*A Side Note of Caution:
Be careful when going through a divorce and retaining a real estate agent for the sale of your marital home. There can be a conflict of interest here too.
An example from my own personal story:
“My spouse was dating a real estate agent prior to our divorce and unbeknownst to me. During mediation, he requested to use this person as our real estate agent for the sale of our marital home. I found out about this (from my child) after our mediation was completed. I confronted this real estate agent with how this is a complete conflict of interest for her to be “dating” my ex and represent both of us in the sale of our home. She removed herself as our agent and we went with another agent instead who was neutral to both of us.”
For more information regarding conflicting out attorneys, please click here.