Hire exh solicitor on new matter

[Un4732]

Hi,

Solicitors - can I instruct my exh solicitor he used for our divorce on a new matter a number of years later? Was so impressed with them - they wiped the floor with us ruthlessly and may need them for a child contact issue.

If it’s a completely separate issue, no conflict of interest, is the child one you share with your ex? I would imagine the solicitor might check with your ex to see if he still wanted the solicitor to represent in him in family matters and “auction “ off his services.

Was the child contact arranged in the divorce?

If so IANAL but I dont believe you can use the same lawyer/firm who were party to instructing/discussing the issues in the original case. If not, and theirs no conflict of interest, then it might be okay to approach them but they might not accept your case. They also won't be able to use their knowledge of your exh as their previous client to influence anything in your case.

Edited to add- after a quick Google it seems unlikely they would favour representing you over your exh if he approached them aswell.

Thank you both - that's what I thought. Although this is a variation on the child order part, I suppose it can be argued that this matter was included in the original order but also that it is a new matter and as the divorce/finances are done and dusted and nothing to do with this.

Hopefully, we would not need solicitors again, but if we did I'd rather have had his old ones on my side this time as they were brutal and relentless.

When I had the free 30 min sessions when choosing other solicitors, they said as we had any contact, they would not take him on if he inquired with same firm so was sort of hoping to "block" him using this firm again by having an opening discusssion with them maybe.

I certainly don't want them to call him up and say I've been in touch.

If they have acted for your husband in relation to child issues before I would have thought it unlikely that they could take you on. They might have relevant confidential information in their files which would mean they have a conflict of interests.

Beware doing this.

I think you're saying your ex is on the other side. They cannot act against him.

If you give them confidential information about you knowing they are his solicitors then you might be waiving confidentiality in his favour. Before you see them they will ask you who is on the other side and if you fail to tell the truth my guess is that they have no obligation to keep what you have told them confidential.

OK thank you all for your advice. Taken on board!

No. It would be a conflict of interest.

No, it would be a conflict of interest.