Legal Question in Legal Ethics in California
My Ex wife has sued her family law attorney on the basis that her attorney traded sex for fees and also filed eronious filings to prolong is sexual interest with her. My question is can I sue him for all the attorney fees I had to pay to my attorney to argue the case keeping in mind I have custody of the children and the fight from her attorney was an attempt to get custody for her to which he lost on several occasions however I still had to appear and pay fees. How do I obtain an attorney that can see what has been done and get a resolution are you out there.
2 Answers from Attorneys
Interesting. So how do you prove that you incurred more attorney fees than you would have if her attorney wasn't sexually involved with her? And what does your attorney think?
If opposing counsel was filing frivolous motions in a family law setting, your attorney should have been seeking sanctions pursuant to Code of Civil Procedure section 128.7 and Family Code section 271, with an emphasis on Family Code section 271.
The fact that your exwife was having sex with her attorney to pay his fees may be salacious, but is only relevant to proceedings brought by the California State Bar against that attorney.