Legal matters involving family are deeply personal—so it’s crucial to know that your attorney is advocating solely for you. At Barli Law LLC, we believe every client deserves undivided loyalty, clear communication, and ethical representation. That’s why understanding “conflict of interest” in family law is so important.
Whether you’re navigating a divorce, custody battle, or another sensitive issue, this article will walk you through what a conflict of interest is, why it matters, and what to do if one arises in your case.
Understanding Conflicts of Interest in Family Law
A conflict of interest occurs when a lawyer’s ability to act in your best interest is compromised by a competing duty or personal connection. In family law—where emotions and stakes run high—these conflicts can significantly impact your case.
Common sources of conflict include:
- Prior representation of the opposing party
- Personal relationships between the attorney and someone involved in the case
- Shared financial or business ties that could influence legal advice
Example: An attorney who previously represented your ex-spouse in a custody matter may not be able to objectively represent you in a divorce involving child custody.
Common Conflict of Interest Scenarios in Family Law
Conflicts can arise in ways that are not always obvious to clients. Here are some common examples our firm helps clients recognize and avoid:
1. Representing Both Spouses in a Divorce
While some clients hope to “keep things simple” by using one attorney, New Jersey law prohibits a single lawyer from representing both sides in a divorce. Doing so would compromise the attorney’s ability to remain neutral and protect each party’s best interests.
2. Prior Representation of the Other Party
If your attorney previously represented your ex-partner in any legal matter—such as a prenuptial agreement or custody modification—that could be grounds for disqualification.
3. Personal Ties to a Party Involved
An attorney who has a close personal relationship with one party—whether family, friendship, or romantic—may not be able to maintain impartiality. This creates ethical and strategic concerns.
4. Business or Financial Connections
If your attorney has a financial interest in a shared business or asset being disputed, it creates a direct conflict that must be disclosed and usually leads to withdrawal.
5. Overlapping Representation
Some firms represent multiple members of a family or social group. If those interests collide, clients may need to seek separate counsel.
Consequences of a Conflict of Interest
Conflicts of interest can have serious consequences—both legally and emotionally—for everyone involved.
For the Attorney:
- Mandatory withdrawal from the case
- Disciplinary action by the New Jersey State Bar
- Reputational harm and loss of client trust
For the Client:
- Delays or dismissal of your case
- Risk of confidentiality breaches
- Weakened legal strategy and compromised outcomes
Example: If a judge discovers a conflict mid-trial, your attorney may be forced to step aside—leaving you to find new counsel at a critical moment.
How Are Conflicts Prevented or Resolved?
At Barli Law LLC, we take proactive steps to ensure your case remains conflict-free.
Conflict Checks at Intake
Every client relationship begins with a thorough review of past and present connections to all parties involved.
Disclosure and Consent (When Permitted)
In rare cases, if a potential conflict is minimal, both parties may provide informed, written consent. However, in most family law matters, such consent is not advisable—or permitted.
Ethical Withdrawal
If a conflict arises during a case, our ethical duty is clear: we step aside to protect your rights and help you transition to appropriate representation.
What Should You Do If You Suspect a Conflict?
If something feels off or if your attorney seems reluctant to act, it’s worth asking questions. Red flags include:
- Vague or evasive answers about past clients
- Delays in filing or decision-making
- Signs of favoritism toward the opposing party
Take action by:
- Asking for full disclosure in writing
- Consulting a second attorney
- Filing a complaint with the New Jersey State Bar if necessary
Your Legal Advocate Should Be 100% On Your Side
Family law cases require trust, transparency, and dedication. A conflict of interest threatens all three. At Barli Law
Let us help you move forward with clarity and confidence. Contact us today for a confidential consultation and trusted legal guidance.
📞 Call: (973) 638-1101
📧 Email: office@barlilaw.com
🔗 Contact Form: https://barlilaw.com/contact-us/
