Legal Question in Family Law in California

I am currently going through a divorce in California. I am the child custody stage. Before the first hearing my ex husband and his mother without their lawyer spoke to my lawyer about things they were going to request in the hearing. This also happened again before the second hearing. The picture they painted for my lawyer were all details that effected the decision of the judge Is this legal, conflict of interest, wrong, or can be used in court?


Asked on 12/05/09, 4:13 am

1 Answer from Attorneys

Your lawyer should not have spoken with your ex if he is represented by an attorney and did not have that attorney's consent to speak to his client. That is a serious breach of professional ethics. If the other attorney finds out, he could have your lawyer thrown off the case and up on State Bar charges. If your attorney had the permission of the ex's attorney, be glad. Anything your ex said can be used against him in court, and if he disclosed anything about what he and his attorney discussed, then he waived the attorney/client privilege as well. Tell your attorney to use it all for whatever he can get out of it.

Bottom line though, if it was unauthorized, you need to get another attorney. If it was authorized, your ex needs a new attorney.

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Answered on 12/10/09, 11:11 am


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