Conflict of interest between Husband and Wife

As your Florida Business Attorney or Florida Estate Planning Attorney if there is conflict of interest when more than one person is going to be represented.

There is an interesting article in the Post Gazette today regarding potential conflict of interests between a husband and wife. Whenever a lawyer represents two or more individuals, there is always at least the potential of a conflict of interest, even when the clients agree about everything.

The article goes on to state that:

The same is true when a married couple sees an attorney because the estate plan decided upon, depending on the circumstances, may well result in one spouse being deprived of a legal right. Whenever a person in a joint representation may be deprived of a legal right, the lawyer must advise that person that he or she is entitled to seek the opinion of an independent attorney and, in fact, must recommend a second attorney.

However after being advised of the right to see another opinion of an independent attorney, the couple may decide that they are willing to waive any potential conflict. If a conflict arises, the attorney must decline further representation of either party. For more information on this please review the link above and discuss it with your estate planning attorney

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