Legal Question in Family Law in California

In a divorce case is it legal for your spouses attourney to contact you personally? This divorce it taking place in California.


Asked on 1/26/10, 8:04 pm

2 Answers from Attorneys

If you are representing yourself, it is completely permitted. If you have an attorney of record, it is not "illegal" but it is a serious ethical violation and should be reported to the State Bar. In addition, if the attorney obtained any information through the contact that can be used to your spouse's advantage, or to forewarn them of a disadvantage, the attorney often can be forced to resign from the case.

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Answered on 1/31/10, 8:38 pm
Cristin Lowe Law Office of Cristin M. Lowe

If you're self-represented, meaning that you don't officially have an attorney, then your spouse's attorney not only is allowed to contact you, but you are also allowed to contact the attorney to discuss your case. It's very important that you remain in communication with the other side, although you should always keep in mind that the attorney represents the other party and not you. A good attorney will work towards resolving the case, even if he or she is representing the other party. At the same time, you can be at a disadvantage because you don't know the law and therefore don't know if you're being manipulated. Consulting an attorney in the attorney's area might give you a little bit of insight into your spouse's attorney if they work together on other cases.

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Answered on 2/01/10, 9:33 am


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