Legal Question in Family Law in Kentucky

no repensentation

My daughter was a drug addict. She has served 1 year and done rehab while serving time. It was 9 months rehab and is state reconized. She is going to a halfway house about 90 miles from home in order to get help with a job and housing. Before she went to jail her ex and his lawyer talked her in to giving full coustdy to him and only supervised visits when he choose too. He also said it was temp.Now she is clean and wanting to put her life back together,He said he would get a warrant for her arrest if she came near. It is legal for a lawyer to let a drug addict sign a paper like that with no legal repensation for herself.


Asked on 9/23/07, 8:43 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: no repensentation

Whether it is "legal" or not isn't really the right question. Unless she was adjudged incompetent, then one lawyer can do this. The question is whether he followed ethical standards in how he went about this. If he lied to her, then he is liable. If he did not advise her that she may want to consult her own attorney, he may be liable. If he misrepresented his role by not disclosing that he was representing the ex-husband. He may be liable. It really comes down to specific facts and credibility. You should consult an attorney regarding the specific facts.

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Answered on 9/25/07, 10:37 am


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