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Help/advice please, possible conflict of interest

  • clarityfan
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05 Nov 15 #469082 by clarityfan
Topic started by clarityfan
Good afternoon all,

It has just come to my attention that my solicitor was a partner (until quite recently) with the firm of solicitors that my husband (the respondent)is using. Does this constitute a possible conflict of interest between his solicitor and mine as they are both small local firms and its safe to assume they would know each other personally.

Also I have no idea if they parted ways amicably or otherwise!

Thanks in advance of your replies.

  • rubytuesday
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06 Nov 15 #469115 by rubytuesday
Reply from rubytuesday
Welcome to Wikivorce

Did this solicitor advise your husband at all, or did your husband engage him to act on his behalf - even for a short while?

If not, then there should be no conflict of interest as your solicitor was never directly involved with your husband.

Knowing someone personally doesn''t mean there is a conflict of interest if the professional hasn''t acted professionally for the other person.

Hope this helps.

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06 Nov 15 #469129 by clarityfan
Reply from clarityfan
Thanks for your reply Ruby.

No, my husband wasn''t ever advised by this solicitor.

My worries are that having no idea why my solicitor left the firm my husband is using, there could be some bad feeling and/or unresolved issues between my solicitor and my husband''s.

Whilst I''d like to think this shouldn''t have a bearing, realistically it could, and as my divorce is fraught with acrimony by the bucket load, I''m not happy to take any chances.

On top of that factor I''ve also noted changes in attitude of my solicitor whereby she said things initially that she has since ''back-peddled'' on. With this new knowledge that she was once a partner with his solicitor, it now seems to all add up.

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06 Nov 15 #469134 by rubytuesday
Reply from rubytuesday

having no idea why my solicitor left the firm my husband is using, there could be some bad feeling and/or unresolved issues between my solicitor and my husband''s.


You really are just guessing here - you say yourself you have no idea why she changed jobs and then jump to conclusions based on assumptions. Solicitors do change firms and employment - it doesn''t mean that they have left one firm because of any particular issues.

I personally think you may be reading too much into this; have a chat with your solicitor about your concerns so she herself can reassure you.

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09 Nov 15 #469301 by clarityfan
Reply from clarityfan
If it was purely this one issue then I would just speak to my solicitor about my concerns. But there are other issues I have, and the connection she has with my husband''s solicitor is just another factor on a list of things that have raised flags for me.

What I was asking in my first post was what is the situation regarding conflicts of interest between solicitors.

Let''s suppose that there was some animosity between my solicitor and her colleagues from the last firm she was with - wouldn''t that pose some risk that her possible unresolved personal issues with them, could potentially cloud or influence her decisions where clients are concerned?

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09 Nov 15 #469302 by rubytuesday
Reply from rubytuesday

Let''s suppose that there was some animosity between my solicitor and her colleagues from the last firm she was with - wouldn''t that pose some risk that her possible unresolved personal issues with them, could potentially cloud or influence her decisions where clients are concerned?


Again, you are guessing and making assumptions.

Is it a conflict of interests? No.

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14 Nov 15 #469593 by clarityfan
Reply from clarityfan
I wasn''t making assumptions, nor was I guessing. I was asking hypothetically, hence my saying ''Let''s suppose''

I can not see how a solicitor who worked for the same firm of solicitors my husband is using can be totally impartial, when she is privy to information about that firm, or more to the point, information about the specific individual from that firm.

If she had told me that she used to work for them, I would not have chosen to have her represent me, as I would have had concerns about the connection between the 2 solicitors.

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