If you’re dealing with a family law matter, you may hear the term “conflicted out”. But what does conflicted out mean in family law cases, and why is it important to understand?
In this blog, we’ll explain the concept in simple terms, why it happens, and how Simonidis Steel Lawyers can help you find the right legal support for your situation.
What Does “Conflicted Out” Mean in Family Law?
In family law, a lawyer or law firm is said to be “conflicted out” if they are unable to act for you because they have already acted for, or had confidential dealings with, the other party in your case.
Family law often involves highly sensitive personal and financial information. If a lawyer has previously received confidential information from one party, they cannot then act for the opposing party without risking a conflict of interest.
Understanding what conflicted out means is important because it ensures lawyers avoid situations where their professional obligations may clash or where they could be perceived as acting for personal gain rather than fairly representing their client.
The conflict rules protect both parties and ensure fairness and trust in the legal process.
How Does a Lawyer Become Conflicted Out?
There are several ways a lawyer can become conflicted out in family law matters:
Previous representation: If the lawyer or firm previously acted for your former partner (even if only for a short consultation).
Obtained confidential information: If the lawyer received sensitive information during a meeting, even if they were not formally retained.
Connections within the firm: If another lawyer at the firm acted for the other party, conflict rules can apply to the entire firm.
Even an initial phone call or email exchange could be enough to create a conflict, depending on what was shared.
In some situations, people intentionally attempt to conflict out by contacting multiple lawyers in the same area to prevent their former partner from engaging them. However, reputable firms recognise these tactics and follow strict professional guidelines to manage potential red flags associated with this behaviour.
Why Is Conflict of Interest Important in Family Law?
Conflict of interest rules are critical because they protect the integrity of the legal process.
Key reasons why conflict rules matter include:
Protecting confidentiality: Lawyers have a duty to keep their clients’ information private.
Maintaining fairness: Both parties should have equal opportunity to receive independent, unbiased legal advice.
Avoiding ethical breaches: Lawyers must avoid situations where their duties to two different clients might clash.
At Simonidis Steel Lawyers, we take conflict checks very seriously to ensure that we only act when there is no risk to either party’s rights.
What Happens If a Lawyer Is Conflicted Out?
If a lawyer discovers they are conflicted out:
They must immediately decline or cease acting for the client.
They may refer you to another independent lawyer who can assist you.
In some cases, both parties may need to seek different representation to ensure a fair process.
It can be frustrating to find out that a lawyer you wanted to engage is conflicted out, but it’s ultimately in your best interests to have a lawyer who can act solely in your favour.
Seeking advice from another experienced divorce attorney or family lawyer can help ensure you continue to receive independent legal support without any risk of a conflict of interest.
How to Avoid Issues with Being Conflicted Out
Here are a few tips to help avoid conflict issues when choosing a family lawyer:
Act early: Contact a lawyer as soon as possible after separation.
Limit initial information: When making early enquiries with multiple firms, be cautious about sharing detailed confidential information until you engage with one.
Choose your lawyer carefully: Engage a reputable family law firm like Simonidis Steel Lawyers with experience in handling conflicts properly.
Acting quickly can help secure the right lawyer before your former partner does.
Can a Conflict of Interest Be Waived?
In some very limited circumstances, both parties can agree to “waive” the conflict, but this is rare in family law matters involving divorce, child custody, or property settlement.
The court and the legal profession take conflicts very seriously to ensure there is no appearance of bias or misuse of confidential information.
At Simonidis Steel, we prioritise your right to fair, independent legal advice without compromise.
FAQ
Can someone intentionally create a conflict with multiple lawyers?
Yes, in some cases, individuals may attempt to conflict out by contacting several firms and sharing brief details of a dispute so those firms cannot later represent the other party. However, experienced lawyers are trained to identify red flags and handle these situations appropriately while maintaining ethical standards.
Are personality or mental health tests relevant in family law cases?
In some family law matters involving parenting disputes, the court may consider psychological assessments. While informal self-tests, such as a depression test, generalised anxiety disorder test, autism test, ocd test, narcissism test, psychopathy test, sociopath test, emotional intelligence test, borderline personality disorder test, or even a sex personality test, exist online, courts rely on formal evaluations conducted by qualified professionals rather than online screening tools.
Is conflict resolution possible if both parties want the same lawyer?
Generally, lawyers cannot represent both parties in a dispute because it creates a conflict of interest. Instead, each party should have their own independent legal representation, while alternative methods such as mediation or structured conflict resolution may still help resolve issues without lengthy court proceedings.
How Simonidis Steel Lawyers Can Help
At Simonidis Steel Lawyers, we:
Conduct thorough conflict checks before taking on new family law clients
Provide clear advice if a conflict exists, and help you find alternative solutions if necessary
Offer trusted, independent, and confidential support in all family law matters
If you need expert advice and trusted representation in your family law matter, contact Simonidis Steel Lawyers today. We are here to help you move forward with confidence and clarity.
