NJSBA Family Law Section

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  • 1.  Conflict of Interest

    Posted 07-15-2020 10:05 AM
    Hello members.
    I represented a Wife in a mid-marriage agreement.  Husband had his own attorney. This is a second marriage and the Wife had concerns that the Husband's children would take from his estate to her exclusion.
    Wife has now asked me to do a POA and POA for healthcare decisions for Wife and Husband in which each would give the other these powers.  
    I think I have a conflict if I represent the Husband.  Am I correct?  
    Thank you in advance!



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    Debra Schneider Esq.
    411 Hackensack Ave., Hackensack, N.J. 07601
    201-264-2483 (cell)
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  • 2.  RE: Conflict of Interest

    Posted 07-15-2020 10:39 AM

    you should not be representing the husband.

    you can prepare  hers and his attorney can prepare his.

     

    Alice M. Plastoris, Esq.

    Law Office of Alice M. Plastoris, Esq.

    82 Speedwell Avenue, 2nd Floor

    Morristown, NJ 07960

    Telephone No. (973) 538-7070

    Fax No. (973) 538-7088

    Email: [email protected]

     

    Admitted to U.S. Supreme Court

    AAML Trained Arbitrator

    R. 1:40 Mediator in Civil, Chancery, Foreclosure and Matrimonial Matters

    NJAJ Board of Governors

    NJAJ Matrimonial Committee Co-Chair

     

     

     

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  • 3.  RE: Conflict of Interest

    Posted 07-15-2020 11:00 AM
    RPC 1.7 and 1.8 provide guidance on informed consent, independent counsel and waiver. The parties could consent after having independent counsel explain the waiver. That said, if there is a potential you could be a witness you shouldn’t take it on regardless. If the parties have a contest over the previous agreement then you are a potential witness. Steer clear in my humble opinion. You have already identified a potential estate contest with the children.






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  • 4.  RE: Conflict of Interest

    Posted 07-15-2020 11:50 AM
    Yes, you are correct. I would refer both of them out  just for those docs.

    ccs



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