Tuesday, February 02, 2010

Matrimonial / Real Estate Conflict

Can an attorney who represented one of the spouses to the divorce represent both spouses in selling the marital residence?

I think its bad practice at best and a potential conflict of interest at worse because an attorney has an ongoing duty to his / her divorce client to not disclose confidences even after the conclusion of the representation, which has the potential to conflict with that lawyer's new duty of loyalty to the ex-spouse that would develop by way of the representation in the real estate transaction.

What are your thoughts?