Legal question....

  1. I have kind of a strange question for any lawyers or legal buffs out there--

    Let's say I am "shopping" around for a divorce lawyer. If I consult with an attorney regarding a potential divorce, but do not retain them, can my husband still potentially retain them even if they have already seen me for a consultation? That was a long sentence and I hope it makes sense!

  2. I don’t know if I’ve seen this in a movie or read it in a magazine. But it was about a woman wanting to divorce her husband goes out to every “big-shot” divorce lawyers in town for consultation so the husband cannot subsequently hire/retain them due to potential conflicts.

    I’m not an ethics expert but to the best of my knowledge, an attorney-client relationship arises whether you ultimately “retain” him/her. Hypothetically, the content of your initial consultation with Attorney A, for example, in anticipation of retaining him/her will be privileged attorney-client communication although you ultimately decide against hiring Attorney A at a later time. In turn, Attorney A is prevented from disclosing those confidential communication learned from you to anyone, including your husband, even if your husband retains Attorney A. Attorney A cannot represent your husband because there are information that he learns from you that he CANNOT use to facilitate his representation of your husband without violating the privilege. Does that make sense? :angel:

    **Now comes the disclaimer: all the information is the opinion of mine for the purposes of this hypothetical and discussion. You should consult your attorney in your own state for any further legal questions/advice. Nothing written above should constitute the formation of an attorney-client relationship.**

    Anyone else wants to chip in? :flowers:
  3. I'm almost 100% positive that if you consult with them your husband cannot hire them.
  4. I'm along with everyone else. When my mom hired her lawyer, she also told my mom that after the initial consultation she would not be able to represent my dad.

    Hope everything is okay!
  5. ^^it was on Sopranos last season.
    Tony deliberately met w/ had a consult w/ every decent attorney in the area so Carmella wouldn't be able to find good legal help.

  6. This is correct. During a consultation, confidences can be breached and at a later point it can be viewed as a conflict of interest.
  7. Definite NO from legal standpoint. There's a conflict of interest as the attorney already knows your side of the story and cannot give an unbiased point of view any longer.
  8. Yep-that is true. Even is an attorney only has a consult with you-he/she has still heard details of your marriage/impending divorce and therefore would not be able to represent or meet with your husband.
  9. If you have consulted with an attorney, then your husband/wife generally cannot retain them as it is regarded as a conflict of interest.
  10. No- you have "conflicted" that attorney out. Your husband cannot retain that attorney after you have consulted with them, regardless of whether or not you retained that attorney.
  11. I have a friend who lives in a small town and he went thru something similar... went to every attorney in town and it made it very difficult for the other party to get a lawyer. In bigger cities, this may be harder to accomplish though.
  12. I don't have any advice... I just want to wish you the best of luck!
  13. Everyone's advice is right! When I worked at a law firm we had people do this all the time! Even a telephone consultation counts...every time you talk to an attorney it is thoroughly documented!
  14. F-A-B-U-L-O-U-S! Thanks for the confirmation, ladies! I hate to be the vindictive one, but it's starting to look like I am going to be forced to be "that" person....
  15. Good luck twinkie, be that person. Do not get screwed!