Legal Question in Family Law in California
During my divorce, opposing counsel questioned me about a financial because his client couldn't explain the matter. This discussion was without my counsel and when asked if I should have my counsel present, he said something like, well do you want me to understand this so we can get this settled?
Recently, the financial matter that he questioned me about was revisited because of the omission in the settlement of the financial matter that he questioned me on.
Is there some type of ethics violation that happened? Can the opposing counsel be diciplined for his actions?
1 Answer from Attorneys
It depends on how and why he came to be talking to you without your attorney present in the first place. It is a fundamental ethical violation to communicate with a party who is represented by counsel without the other counsel's permission. If your counsel did not consent, the opposing counsel should be reported to the State Bar.
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