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conflict of interest in divorce from joint lawyers

4 replies

blubellebee · 03/02/2020 17:58

Can anyone please advise me further on Conflict of interest.

I contacted our joint layers, who have mainly acted as conveyancers for the past 25 years.
I was told categorically that as they had represented us both in the past they could not represent my in Divorce due to a COI,

I since employed another Layer but Ex never responded to any correspondence from them and i ran out of cash,

Late last year i was contacted by the joint lawyers representing the EX,
i contested this due to them telling me of the COI and refused to engage with them,

how do i stand?

OP posts:
Wheresthebiffer2 · 03/02/2020 18:00

It would be a COI for the lawyer to represent both of you, but not for them to represent one, so it's fine. You should engage with them.

blubellebee · 04/02/2020 02:53

Oh, But I dont want to engage with them as they told me it would be a COI if they represented me and now they are representing my Ex... Im I being obstructive to refuse to engage with them as a representative of my Ex

OP posts:
lilyfire · 04/02/2020 03:25

I’m a family solicitor. They shouldn’t be representing your husband if they’ve represented you both in the past - unless you agree, which you don’t. There is a potential conflict. They may well have information about you on file that could help your husband in a divorce. Tell them you will complain to the SRA - Solicitors Regulation Authority - unless they stop acting for him now. You could even make a complaint at this stage.

Collaborate · 04/02/2020 07:59

I'm not sure there is a conflict of interest. If they've only represented you both jointly there is nothing confidential just to you on their files, and the conflict of interest rules really only apply where a solicitor possesses confidential information that they must not use to advance the interest of their client.

Therefore if they acted for you on your own they couldn't act for him now. Have they ever acted for him on his own?

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