Conflicts of Interest in Florida Divorce Cases
When you get divorced, you must learn entirely new ways of interacting with the world, especially when it comes to concealing and revealing information. Married couples are each other’s closest confidants, and the confidences they share about money, work, and relationships with extended family members are none of anyone else’s business. When you file for divorce, however, you must tell the court about every penny you have earned, spent, and saved during your entire marriage, even if your divorce case does not go to trial. If the case goes to trial, all your dirty laundry becomes a matter of public record. If asked under oath, your child’s teacher might tell the court that, compared to your ex-spouse, you are scatter-brained and short-tempered. Not only must you reveal things you would rather conceal, but you must also conceal feelings that are itching to come out; no matter how badly your ex-spouse behaves toward you and your children, it counts against you if you tell your kids anything negative about your ex. To make matters even more complicated, there are rules about what lawyers and judges can and cannot know about your case. To find out more about conflicts of interest in divorce cases, contact a Boca Raton divorce lawyer.
If You Know Your Lawyer From Before, So Does Your Ex
Everything is so unfamiliar in divorce that, if you happen to know a lawyer, it makes sense to ask him or her to represent you. This could be a conflict of interest, though, and the court might refuse to let the lawyer represent you in the case. For example, the court might disqualify your lawyer if the lawyer previously drafted wills for you and your spouse; this is a conflict of interest because the lawyer knows things about your spouse’s finances that your spouse has not revealed in the context of the divorce proceedings. It is possible to waive conflicts of interest with the consent of all parties if it is important enough to you to work with a particular lawyer with whom you have a history.
Disqualifying Entanglements Between Lawyers and Judges
Parties in divorce cases can petition the court to reassign their case to a different judge if the judge is biased against one party based on prior interactions with him or her. It is also possible for disqualifying conflicts of interest to arise if there is bad blood between the judge and one of the lawyers. It is also not possible for a lawyer to represent you if your ex had a consultation with the lawyer about your divorce, even if your ex ended up not hiring the lawyer. If a lawyer represented you or your spouse in an unsuccessful attempt at collaborative divorce, he or she cannot represent either of you in the resulting divorce litigation.
Contact Schwartz | White About Divorce Conflicts of Interest
A South Florida family law attorney can help you avoid conflicts of interest in your divorce case. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
casetext.com/rule/florida-court-rules/rules-regulating-the-florida-bar/chapter-4-rules-of-professional-conduct-preamble-a-lawyers-responsibilities/rule-4-1-client-lawyer-relationship/rule-4-17-conflict-of-interest-current-clients
