Legal Question in Family Law in California
I am being represented by my attorney under "limited scope representation" and she assist me by appearing at hearings and court dates. I contacted my husband to ask for my medical insurance information (which he can easily look up in 5 minutes), but he refused to provide it to me because he's basically being a jerk. After several attempts and no cooperation from him, I contacted his attorney. He told me to use my attorney and to have her contact him. Isn't the point of the limited scope representation to assist people like myself who don't have money. However his attorney refuses to communicate with me and tells me to use my attorney. I feel this issue is simple and easy to resolve but my husband and his attorney is making it difficult and forcing me to get my attorney involved. Can they do this? It seems unethical that they are forcing me to use my attorney. What can I do?
1 Answer from Attorneys
Actually, his attorney is being ethical. California's attorneys are bound by a set of ethical rules called the California Rules of Professional Conduct (CRPC). An attorney who violates them can be subject to bar discipline.
Under Rule 2-100 of the CPRC, "While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer." (CPRC, rule 2-100 subd. (A).)
Thus, your lawyer has to consent to allowing opposing counsel to speak to you.
Your predicament illustrates one of several problems that I have with limited scope representation. I have voiced these concerns to the State Bar, but as of now, they have turned a deaf ear to these practical problems.
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