Legal Question in Civil Litigation in California

Re: $152,500.00 debt

Which is it - 152,000 or 305,000? If the obligation is joint/several, then she owes it all, as do you. Of course, she probably has a right of contribution against you.

The answer is "NO" you cannot represent your parents, not unless you are a licensed attorney. And even if you are, it would be a bad idea to represent litigants in a case where you are very likely going to be a cross-defendant.

This raises another issue - why wasn't this issue dealt with in family court? Or perhaps it remains to be dealt with. If your divorce is not final (or at a minimum, if the property division is not final), then this likely needs to be resolved in family court.

Finally, there is no legitimate reason why an attorney would agree to represent your parents pro bono. Many attorneys would likely consider a contingency arrangement (where the attorney's fees is a percentage - typically one third - of gross recoveries). But ask yourself, why would an attorney agree to represent a creditor at no charge?

If the divorce is still alive, consult with your divorce attorney about the best approach.

Re: $152,500.00 debt

Was the debt assigned to the ex in the divorce or property settlement agreement? I doubt that you will find an attorney to represent you pro bono considering the sum and circumstances. You could possibly find an attorney that will do it under a contingency agreement.

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Re: $152,500.00 debt

This debt should have been addressed in your divorce. Saying that you "filed" suggests that the divorce isn't final yet, but referring to your ex suggests that it is. Either way you should talk to your divorce lawyer about how to deal with this. If your divorce is already final and you didn't hire a divorce lawyer, then you are about to wish you had.

And no, you can't represent your parents under any circumstances unless you are a licensed California attorney. Of course, if you were a licensed California attorney you would already know that. So the answer is no, you can't represent them.

Even if you *were* an attorney you would probably have a serious conflict of interests in this situation.

Finally, I see no reason any lawyer would represent your parents pro bono in this case. Pro bono work is for people who can't pay. If your parents collect from your ex (or you, for that matter) they will be able to pay their lawyer. This type of situation is why contingent fee contracts were invented.