Legal Question in Family Law in Louisiana

I have a scenario that I would be interested in getting a legal impression of. It is as follows: A man's attorney contacts him to say that his ex-wife and her attorney would like to meet with them to discuss some changes in their custody agreement. The man goes to her office. He waits in a separate room while his attorney speaks with the man's ex and her attorney. When she comes back to him she states "They asked for an increase in child support. I told them that wasn't going to happen. She said without an increase she will be forced to move to Lafayette so her parents can help her with the child."

The ex-files a motion to relocate. The man then files a motion to oppose relocation and change custody. The ex drops her motion and later claims that she never asked for an increase in child support, she only asked that the man assist with childcare 50% of the time when the child is sick.

What legal obligation does an attorney have to be truthful with her client as to the remedies being sought? Isn't it unethical, at the very least, if not against some code of conduct for an attorney to lie to her client about what the other party is requesting? Can a complaint be filed against the attorney with the Louisiana Bar Association?

Thank you for your opinion.


Asked on 9/09/09, 12:05 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

You can file a complaint, but to add some sort of child care to the man's obligation IS DONE ON THE CHILD SUPPORT work sheet, and if you must pay more, then it IS AN INCREASE IN CHILD SUPPORT. Obviously you are angry at your lawyer, AND you believe your ex-wife.....I wasn't there, so I do not know who to believe, but I can guess.

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Answered on 9/14/09, 7:10 pm


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