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?
Legal Analysts
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