Dec32025
Family Law Q&A Series

What can I do if my former attorney had a conflict of interest and may have hurt my case? – North Carolina

Short Answer

In North Carolina, concerns about a former family law attorney’s conflict of interest usually involve three tracks: (1) protecting the ongoing custody or family court case, (2) getting full access to the file and court records, and (3) deciding whether to report the attorney or pursue a separate claim. The district court can address harm inside the custody case (for example, through new motions or hearings), while the North Carolina State Bar handles disciplinary complaints against attorneys.

Understanding the Problem

The question is whether, under North Carolina family law, a parent in an ongoing child-related case can take action when a prior attorney withdrew because of a conflict of interest and may have undermined the case. The situation often includes missed opportunities at earlier hearings, confusing withdrawals, and difficulty getting the case file or access to online records. The core concern is how a parent can protect the custody or visitation case now, address any harm done, and respond to possible attorney misconduct without making things worse in district court.

Apply the Law

North Carolina law separates the child custody dispute itself from the regulation and discipline of attorneys. District court judges focus on the child’s best interests and the proper conduct of the case, while the North Carolina State Bar governs attorney conduct, including conflicts of interest and access to client materials. Any claim that prior counsel hurt the case has to be framed in terms of current and future best-interest findings, and any concern about the lawyer’s behavior is handled through ethics rules and separate procedures.

Key Requirements

  • Custody and visitation remain about the child’s best interests: Even if prior counsel mishandled matters, the district court decides custody, visitation, and related issues based on what serves the child’s welfare now under North Carolina’s custody statutes.
  • Attorney conduct is governed by professional rules and State Bar discipline: A conflict of interest or undermining a client can be misconduct under the Rules of Professional Conduct and may trigger action by the North Carolina State Bar, including discipline under the State Bar’s authority.
  • Access to the case file and court record is a core client right: A former client is generally entitled to the attorney’s file and to view the public (and, when permitted, sealed) court record; refusal or obstruction can support a grievance and may interfere with effective new representation.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described custody matter, the district court still must decide ongoing and future issues—like custody, visitation, or enforcement—under the child’s best interests standard, regardless of what the prior attorney did. The reported conflict and alleged undermining may be relevant if they affected what the judge heard (for example, if important evidence was not presented), but the immediate focus is usually on correcting the record through new motions, testimony, and evidence. Separately, blocking access to the case file and online records raises professional-responsibility concerns that can be addressed by demanding the file in writing and, if needed, by a grievance to the State Bar or a targeted motion in district court.

Process & Timing

  1. Who files: The parent involved in the custody case. Where: In the domestic district court for the county where the custody action is pending. What: Typically a motion in the cause (such as a motion to modify custody, motion to enforce, or motion for relief from a prior order), and, if appropriate, a separate written grievance to the North Carolina State Bar about the former attorney’s conflict or conduct. When: Custody-related motions are usually filed as soon as there is a material change affecting the child’s best interests or a need to correct prior proceedings; some forms of relief from older orders may have specific time limits, so acting promptly is important.
  2. The next step is often to obtain and organize the full case file: send a written request to prior counsel for the file, work with the clerk of superior court’s family court staff to restore online or kiosk access where possible, and have new counsel review all prior orders, motions, and hearing notes. This review helps identify whether to seek an expedited hearing, temporary orders, or protective measures (especially when there have been courtroom removals or safety issues).
  3. The final step is to present the updated evidence and concerns in a focused hearing, asking the district court to enter a new custody or visitation order that serves the child’s best interests, and separately allow the State Bar (and, if warranted, civil counsel) to address any conflict-of-interest or malpractice issues outside the custody file.

Exceptions & Pitfalls

  • Not every disagreement with prior counsel amounts to a legal conflict of interest or malpractice; the State Bar focuses on clear rule violations, and the district court focuses on current best interests rather than punishing a former attorney.
  • Raising attorney-misconduct allegations directly in front of the custody judge without a clear connection to the child’s welfare can distract from the main issue and may not help the case; tying any complaint to how it affected evidence or orders is important.
  • Delays in requesting the file or filing motions can make it harder to correct earlier missteps, especially if temporary orders have become the status quo for the child.
  • Service and notice rules for new motions must be followed carefully; improper service on the co-parent can delay hearings or lead to dismissal of requests for relief.

Conclusion

When a former attorney in a North Carolina custody case withdraws over a conflict of interest and may have harmed the case, the path forward usually has two tracks: protecting the child’s best interests in district court and, separately, addressing any attorney misconduct through the State Bar or a civil claim. The key is to secure the full case file, promptly review existing orders, and, where appropriate, file focused motions in the same custody action asking the court to adjust or revisit orders that no longer serve the child’s welfare.

Talk to a Family Law Attorney

If a former attorney’s conflict of interest or conduct may have damaged a North Carolina custody case, our firm has experienced attorneys who can help review the file, assess options in district court, and discuss possible next steps with the State Bar. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.