Conflicts of Interest in Florida Divorces

A conflict of interest is something that prevents someone from acting in a fair manner. For example, if you put someone who owns several fast-food restaurants in charge of regulating the industry, they will obviously be incentivized to create laws that provide them with higher profits rather than serving the general public. Conflicts of interest can also appear in divorce cases, and this is definitely something you need to watch out for as a spouse approaching the end of your marriage in Florida.

Questionable Referrals

One potential conflict of interest involves referrals. If someone recommends a particular divorce attorney to you, they might have an ulterior motive. Maybe the divorce attorney is paying them to make these recommendations — perhaps giving them a cut of the legal fees. Pay close attention to the nature of the referral. Did the person actually work with the lawyer?

Why are they vouching for them? You might also want to consider the person’s line of work. Are they a clerk or another court employee? If so, they are legally prohibited from receiving bribes or gifts from anyone who does business with the court — including divorce attorneys. Such actions would constitute the bribing of a public official. Unfortunately, such incidents are not unknown in the legal world.

Your Former Attorney Can’t Represent Your Ex

This is a more common example of a conflict of interest. If you’ve worked with a lawyer in the past, they cannot represent your spouse in a divorce. It doesn’t matter whether they helped you with a legal issue that was completely unrelated to divorce. They may have confidential information that they could use against you. Even a single consultation makes a lawyer ineligible to work with your ex. Why? Because you might have discussed information that could be used against you — even during a 20-minute preliminary meeting.

The Same Attorney Can’t Represent both Spouses

No lawyer can represent both spouses in a divorce. You might think that this will save you money — especially if you’re pursuing a no-fault, amicable, and uncontested divorce. But this just isn’t possible due to legal regulations. The conflict of interest involves lawyers “taking sides” — even on a subconscious level.

For example, they may know that the wealthier spouse is the one who is paying the bills, and so it makes more sense to help them rather than a spouse who has no income and no ability to pay higher legal fees. If you’re looking for a single individual who can help you and your spouse agree upon the circumstances of your divorce, consider a mediator.

Where Can I Find a Qualified Divorce Attorney in Florida?

If you’ve been searching for a divorce attorney in Trenton who can help you end your marriage in the most efficient way possible, look no further than the Shochet Law Group. Book a consultation with us today to learn more about your legal options. From there, you can make up your own mind about whether you’d like to move forward with absolutely no pressure or obligations. Reach out today.

Sources

2. https://www.nytimes.com/2023/03/31/nyregion/defense-lawyer-bribe-sdny.html

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