Legal Question in Legal Ethics in Indiana

Attorney conduct or ethics

my ex's lawyer has moved into the position of deputy child support attorney.my ex has filed for divorce from her husband. i got letter from support office wanting to close my case. i refused they said i should because i was not going to get any support anyway. ex is with another man he goes to jail for child support while in jail ex gets on afdc she gets letter from her attorney now deputy child support attorney stateing as long as she remains on afdc they would not have to enforce my support order. my question is Her attorney that moved to the new position (can she write such a letter? is it ethical? to me its like shes giving her a big loop hole to get threw..)my ex owes like 15 to $16,000 please answer thankyou


Asked on 5/31/03, 6:32 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Attorney conduct or ethics

Definitely an interesting question.

I would say that there is a CLEAR conflict of interest on the part of the deputy attorney, if it involves the discretionary closing of a case in which a former client stands to get a $15K "windfall."

Find out what they are about recusal,--it seems to me that the attorney must avoid any appearance of impropriety, and so it behooves the agency to have someone else handle ALL of her former client matters.

If you're just going to get the same letter from someone else, that doesn't improve your position. Still, at least you'll have some confidence in the objectivity...maybe.

At any rate, you have every right to make inquiries and make sure they're following the rules. Cause they don't always tell you what your options are. Go for it!

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Answered on 6/01/03, 2:16 pm


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