Maryland Divorce Lawyer Blog
A divorce case involves many steps and numerous decisions. One of those choices is selecting the right Maryland divorce lawyer. This decision may become particularly complicated if your spouse seeks to exclude your preferred attorney. The good news is that, in most situations, the rules regarding these “conflicts of interest” will not require you to replace your preferred legal counsel.
A recent case from Anne Arundel County illustrates just how far the rules regarding conflicts of interest do—and do not—extend.
In 2022, an Annapolis wife filed for divorce. Three years earlier, she and her husband had sued their neighbors and a property developer over stormwater runoff that allegedly damaged the couple’s property. The couple hired a local attorney who represented them in the property damage case.
During the divorce litigation, the husband objected to the wife’s choice and asked the trial judge to kick the lawyer off the case. The reason? The wife’s divorce attorney and the attorney who represented the couple in their property damage case used to work at the same firm.
‘The Same or a… Related Matter’
Maryland law says that an “attorney who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.” The husband contended that this rule barred the attorney from acting on behalf of the wife against the husband.
The husband’s argument suffered from several crucial shortcomings. Perhaps the biggest was tied to the critical phrase “the same or a substantially related matter.” Clearly, the husband’s divorce case was not the “same” matter as the couple’s property damage case against the neighbors. Additionally, despite repeated requests from the court, the husband never put forward relevant evidence that the divorce case and the property damage were sufficiently “related” under the law.
The courts ruled for the wife because the stormwater case did not overlap “with transactions or legal disputes” in the ongoing divorce, and the property damage case was in““inactive” status when the couple divorced. Another crucial piece, according to the trial judge, was the husband’s failure to give the court any proof that the attorney handling the stormwater case “obtained information as part of representation in the [property case] that was both undiscoverable and could be used against him in the divorce action.”
A spouse who can show that an attorney obtained access to potentially damaging protected information while acting as that spouse’s lawyer may have a valid conflict argument. Allowing that attorney to represent an opposing spouse in a divorce raises the potential that the attorney could use that information, thus creating the conflict. The husband, however, had no proof that his wife’s attorney gained access to anything based on his/her former colleague’s representation of the couple in the stormwater case that could harm the husband’s position in the divorce. That absence was fatal to the husband’s position.
Some divorces are especially contentious. A spouse may oppose almost everything that you do. Be prepared for whatever your divorce case throws at you by having a knowledgeable advocate on your side. At Anthony A. Fatemi, LLC, our Maryland absolute divorce attorneys at Anthony A. Fatemi, LLC have extensive experience handling all types of divorces, so we have the background and the skills needed to represent you effectively and get you the fair outcome you deserve. Contact us today at 301-519-2801 or via our online form to schedule your consultation.