NSW Ex wife is using same lawyer I used previously! Is this allowed?

[Naught]

Is my ex wife allowed to use a solicitor (Her uncle) when I have already used him before in a previous case?

I used him approx 6 years ago.

Would this be a conflict of interest and is there something that I can refer to in regards to replying back to them to stop further proceedings with him?

 

[Melanie Wyatt]

Is my ex wife allowed to use a solicitor (Her uncle) when I have already used him before in a previous case?

I used him approx 6 years ago.

Would this be a conflict of interest and is there something that I can refer to in regards to replying back to them to stop further proceedings with him?

Hi Naught. I am a family lawyer based in the Western suburbs of Victoria. This is a conflict of interest and you should write to that lawyer with your concerns. If the lawyer was to continue to act and proceeded to Court then you would raise again the conflict and have him withdrawn from the matter. Thanks Melanie Wyatt Family Law

 

[Naught]

Hello Melanie,

Thank you kindly for your reply and confirming my thoughts.

Kind Regards,
N

 

[Naught]

I hope I am not asking too much on here but is anyone able to read over my return reply and correct me if the wording is correct and not too harsh?

Dear XXXX,

I acknowledge your letter of instruction from your client XXXXX emailed on the 30th October

Firstly, I would like to note, as a former fiduciary whom holds information confidential to my previous case I trust that you are acting with an ethical mind and applied sound professional judgement.

I am concerned that this will rise to a conflict between the duty of disclosure to the present client and the duty of confidently to me as your former client.

Since your client does not want me to contact her, I would like to resolve the following issues as a matter of urgency.

 

[Naught]

I just had time to read what I wrote in my previous post and it was a little fragmented, it's how my brain feels right now after receiving the solicitors letter.

I have rewritten the reply and hope that it makes more sense.

I will use a solicitor, however as her solicitor uncle is not charging her a cent, I would like to represent myself in the initial simpler replies.

Dear XXXX,

I acknowledge your letter of instruction from your client XXXXX emailed on the 30th October 2019

Firstly, I would like to note, as a former fiduciary whom holds confidential information I am concerned that this will rise to a conflict between duty of disclosure to the present client and a duty of confidentiality to me, as your former client, therefore I question the ethical implications and applied sound professional judgement in this case.

As per your client’s instruction not to contact her, I would like to resolve the following issues as a matter of urgency.

 

[Philly2020]

Your last sentence doesn't make sense. I would remove it.

Don't be shy to blatantly put that it's your understand that he representing her is a conflict of interest and you will be raising your concerns if the matter ends up before the courts.

I'm sure he is aware of his position and this may possibly just be an attempt to intimidate you to comply, before court intervention.