Most likely not. Under most circumstances this would be a conflict of interest, because this attorney probably learned confidential information in the process of representing you and your spouse in the corporation matter. The use of this attorney may negatively impact your spouse, because your spouse may have shared confidential information with the attorney, and now this confidential information has potential to be used against him. This would be a big red flag for our office and we would say no.Moreover, even if in the unusual situation that there was no conflict, there is still the ethical problem of competency. While any lawyer may represent a client in any court procedure, a lawyer should not accept cases they are not competent enough to handle. Divorce and family law issues still have distinct differences with corporate relations or any other legal proceeding.
In divorce cases, a number of issues may arise, including, but not limited to the following:
· Properties and property division
· Parental and custody rights
· Child support
· Spousal support
Divorce and family law attorneys are very familiar with the whole process, and are more experienced in dealing with the “more human” side of the proceedings. This is not to say that other lawyers are incapable of dealing with human relations, but dealing with a non-human person most of the time, as in the case of corporate lawyers for example, may not give them the same view of the divorce process beyond property and tax relations, unlike divorce and family law experts who know the intricacies and nuances of the divorce process, especially when it involves children.
Any lawyer may handle divorce cases, but it is best to work with an attorney who specializes in divorce and family law to ensure the best outcome for everyone involved.