Legal Question in Family Law in Virginia
Ethics/pro bon help
My ex-husband is taking me to court for over-payment of child support. He is highly abusive and wants to damage me as much as possible. Virginia child support enforcement screwed up their paperwork and overcharged him. His attorney filed the suit against me and the State of Virginia in September. I have now found out that his original lawyer is not representing him, no whis best friend from college, who has never practiced law but passed the Virginia Bar is representing him. Is this unethical in anyway. Also I found out that I have the same judge from a year ago who heard our custody case and I and negative experience with. Can I motion to change judges in anyway. I cannot afford an attorney because my debt from my custody case is too high. I have a high salary so I do not qualify for pro bono legal help, but most of my pay is automatically taken out to repay those bills. Are there any resources to acquire legal help for such a circumstance. Please Help!
1 Answer from Attorneys
Re: Ethics/pro bon help
With respect the the father's attorney--he is permitted to change attorneys as he sees fit. As long as his attorney is licensed by the Virginia State Bar (an active member) there is nothing unethical about the representation simply because the attorney had never actually practiced in Va. It would be questionable if he was taking on an action completely beyond his abilities and means. With respect to the judge--judge's can and do disqualify (recuse) themselves where their impartiality is questionable. However you would need something more concrete than a general negative experience to be successful in moving for a change. With respect to legal representation you would have to shop around as all firms bill and various rates. Falling outside of the legal aid source you will have to proceed on your own or pay an attorney to do so.
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