Legal Question in Family Law in Oregon

Unethical Family Lawyer

My ex husband was able to get an ex parte hearing under the pretense that my current husband had become physically abusive with my 15 yr old son during a disagreement. The judge ruled a time out due to ongoing tension in our home but threw out the abuse allegations, stating that it was unfortunate. About a week later, I received a letter from my ex husband's attorney which essentially said that he was bound by law to report my present husband for child abuse. but would be willing to reconsider filing the charges if I agreed to let the children remain living full time with their father.

If he is bound by law to report child abuse, how is it he can ''bargain'' with this? If there was abuse, then he needs to report it; regardless of what I agree to.

Isn't this unethical to try to bully me by using these tactics?


Asked on 7/16/08, 12:56 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Unethical Family Lawyer

The actions of the lawyer, as you are presenting them, are not only unethical, but also amounts to blackmail as well as a criminal offense (violation of the statutory duty to report abuse).

I am flabbergasted, appalled (and find it difficult to believe) that a lawyer had the audacity and stupidity to write you the letter you describe. It is disgusting and disappointing to hear of such tactics being used by and Oregon lawyer.

I would not yield to such action on the part of the attorney. Indeed, I would not reply to the letter. My response would be one of TOTAL SILENCE. I would not even acknowledge to the attorney) or your ex-husband, that you received the letter.

(Besides, even if you were to yield to such blackmail and agree to a change of custody, what's to prevent the lawyer from thereafter filing his "mandatory abuse report" even though he "promised" that he would not do so?)

Has your ex-husband filed a motion with the court asking for a change of custody? If so, in what county? If a change-of-custody motion is now pending, and you ex-husband is being represented by a lawyer, you would be well-advised to obtain the services of a lawyer to represent you.

Finally, I would make a copy of the lawyer�s letter and send it, together with your question as to whether this type of tactic and conduct on the part of a lawyer is ethical, to:

Oregon State Bar, Client Assistance Office, PO Box 231935, Tigard, OR 97281.

Lastly, I would be most curious as to exactly what the laweyr�s letter said, as well as who wrote. I invite you to send or fax a copy to me, and would be appreciative if would do so. Thank you.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

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Answered on 7/16/08, 4:47 am


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