Legal Question in Family Law in Massachusetts
lawyer leaving mediation
Divorce Default case - both have own attorneys. Sign in to probation wiating to be call x's atty leaves to represent another client across the street. Returns just as we get called. Anwers cell phone & talks during mediation when attorneys sent out to talk to clients (mostly resolved) x's atty leaves again w/o talking to client to represent other client returning 1 1/2 later (mediation left for lunch after 1 hr). This seems wrong/unethical - 2 cases at once. Shouldn't the mediator and/or my atty have stopped her saying if she leaves her client in default, or will have to represent himself, or put it in front of Judge, stopped her taking cell calls. No one does anything and so we ended up staying there till close of Court & go in front of Judge & now I'm responsible for large bill that I feel the medicator and/or atty should have spoken up and stopped the other atty from leaving. If this should ever happen again what should I do or expect to be done by mediator and/or atty. My atty asked me to write ltr to BBO and she was going to because of her conduct of leaving, etc. so my atty knew it was wrong. Should I be responsible for those hours she was gone when my lawyer did nothing to stop it.
3 Answers from Attorneys
Re: lawyer leaving mediation
It is not unethical to multi-task. All attorneys occasionally have emergencies with multiple cases, and even just bad days when juggling is essential. That having been said, you should request that your attorney reduce your bill. One presumes that he or she had some way to do other work for other clients (cell phone, etc.) and was not just sitting waiting for your case to be called.
Re: lawyer leaving mediation
Your attorney can't control another attorney. The Mediator might have made a stronger attempt to control the Attorney, but they have limited authority as well.
You can seek sanctions or insist in the settlement that an amount equal to those unnecessary fees incurred by you be paid by your spouse or deducted from the amount of settlement. In the end you are talking about 1.5 Hours and if that is the total of the difference between what you want to pay and what you have to pay, well it is a business call for you.
But I would caution your attorney if it happens again, you want sanctions and to go to the judge you are not going to wait for your spouse's attorney
: lawyer leaving mediation
You have a problem and you realize it.
Unfortunately, you are still responsible for the fees charged by your attorney. There is usually little your attorney can do to stop another attorney's behavior.
As an extreme point, I guess the mediation and/or your attorney could have asked that the case be sent to the court for its action. That is a personal call, and many do not do it; I would.
You could file a motion for sanctions, and/or you can contact the BBO for an advisory opinion.
Should you have any questions, contact me.
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