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Asked in CA May 21, 2022 ,  0 answers
For transmutation agreements between spouses, if they are both represented by one attorney, what kind of conflict waiver should they sign? Can the conflict be waived as part of the agreement? Is there any relevent code sections as to this issue?
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3 Answers

Anonymous
Reply

Posted on / Jan. 26, 2011 20:31:00

Sometimes this recognition of potential conflict is spelled out in the fee agreement between the attorney and the married couple. The fee agreement usually says that the attorney is representing them as to their shared common interests and goals, but that if they are different, each spouse should retain their own attorney. Don't recall any relevant code section, but I agree that this deals with conflict of interest, which is covered by the Rules of Professional Conduct.

Anonymous
Reply

Posted on / Jan. 26, 2011 20:31:00

Sometimes this recognition of potential conflict is spelled out in the fee agreement between the attorney and the married couple. The fee agreement usually says that the attorney is representing them as to their shared common interests and goals, but that if they are different, each spouse should retain their own attorney. Don't recall any relevant code section, but I agree that this deals with conflict of interest, which is covered by the Rules of Professional Conduct.

Anonymous
Reply

Posted on / Jan. 26, 2011 20:31:00

Sometimes this recognition of potential conflict is spelled out in the fee agreement between the attorney and the married couple. The fee agreement usually says that the attorney is representing them as to their shared common interests and goals, but that if they are different, each spouse should retain their own attorney. Don't recall any relevant code section, but I agree that this deals with conflict of interest, which is covered by the Rules of Professional Conduct.

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