Legal Question in Family Law in California

Breach of ethics?

My husband and I are getting a divorce after 7 yeears of marriage

after I fled my home in fear of my safety and my daughters' safety.

My husband does not know exactly where I am, but does know the

vicinity. We are getting a divorce and his attorney has spoken to

mine who stated that he is my spokesperson...all cntact, paperwork

to be done via him. He wanted to summons the paperwork to me, I

imagine to find out where I am exactly. My lawyer told him to fax

him the paperwork. 2 days later there is a notice for a certified

letter to the home where all think I amIt was not accepted, but

because my atty. informed him that all through him, isn't this a

Breach of Ethics on my husbands atty's part?

THANK YOU


Asked on 5/24/04, 11:39 pm

1 Answer from Attorneys

Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Breach of ethics?

Yes. Your husband's attorney should NOT be contacting a represented party - you - directly. S/he should communicate with your attorney only.

Also, I am concerned that you are afraid of your ex. Please make sure that your attorney is aware that you have saftey concerns, and takes ALL precautions to assure that your location remains confidential. Your attorney should also evaluate whether you have the basis for a domestic violence restraining order. Such an order won't necessarily stop your ex from contacting you, but will provides a way to punish him should he contact you. Your attorney should also work with you to develop a plan for staying safe, including on any occasion you need to go to court. You may also want to seek services available to survivors of domestic violence if you have not already. For services in your area, contact the National Domestic Violence Hotline, at 1-800-799-7233.

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Answered on 5/25/04, 10:18 am


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