what happens if i use a lawyer who my ex used in the past

If so, then there is a potential conflict but it can possibly be waived. If it is for a matter against your ex, then it would be a non-waiveable conflict to use the same lawyer. This is not to be considered legal advice nor does an attorney-client relationship exist.

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What if my attorney is not doing his or her job?

Apr 27, 2020 · Can I use an attorney my ex used? Your current husband could not use the same attorney you used for a previous divorce (or an attorney you used for any other matter). However, attorneys owe no duty of loyalty or confidentiality to the party on the other side at all.

Did your ex lawyer Charge Your Ex for your custody agreement?

Dec 10, 2012 · Probably not. In all likelihood the lawyer would be put in a position where she may know confidential things about your ex and so she would either be unable to fully represent you zealously or she would be exploiting confidential client communications. Feel free to call her office and find out, but it seems very unlikely that she will represent you.

What can my Ex DO to hurt my child in court?

Nov 10, 2019 · Can I use an attorney my ex used? My husband and I are on the verge of a divorce. He used an attorney here for past issues he was facing, with his daughters mother(not married) domestic battery and custody issues.

What happens if you yell at Your Ex during an argument?

Mar 10, 2013 · If the attorney represented YOU, and then represents another person against YOU it may be a conflict of interest. It does not sound like that is the situation - the attorney represented a member of your family (but not you, at one point in time) and also represented your ex boyfriend in his divorce.

Can my ex talk to my lawyer?

Your spouse's attorney is not permitted to speak with you directly if you are represented by counsel – nor may your attorney speak with your spouse if he or she is likewise represented – as it may be considered a breach of our ethical and professional rules.Sep 22, 2015

Can lawyers talk about past cases?

The attorney-client privilege is, strictly speaking, a rule of evidence. It prevents lawyers from testifying about, and from being forced to testify about, their clients' statements. Independent of that privilege, lawyers also owe their clients a duty of confidentiality.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

Can I sue my ex for?

You can sue your ex-wife, ex-husband, or anybody who defamed you. Your ex must have made slanderous statements against you, incurring sufferable damages: If they claim that you were physically abusive, for instance, and you can prove that you were not, there may be grounds for a case.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What information is covered by the duty of confidentiality?

In common law jurisdictions, the duty of confidentiality obliges solicitors (or attorneys) to respect the confidentiality of their clients' affairs. Information that solicitors obtain about their clients' affairs may be confidential, and must not be used for the benefit of persons not authorized by the client.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

Can I sue my ex for emotional distress?

Intentional Infliction of Emotional Distress. In California, victims who suffer emotional distress because of another person's conduct can file a lawsuit for the intentional infliction of emotional distress. There is no requirement that a victim suffers a physical injury.

Can I sue my ex partner for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

Can you sue your ex for emotional trauma?

If someone causes you mental stress and trauma — such as anxiety or paranoia — you can sue him or her for damages under the legal theory of emotional distress. But in reality, securing damages for stress and trauma is pretty challenging. Damages are awarded only when certain circumstances are present.Dec 24, 2013

What happens if an attorney represents you and then represents another person against you?

If the attorney represented YOU, and then represents another person against YOU it may be a conflict of interest. It does not sound like that is the situation - the attorney represented a member of your family (but not you, at one point in time) and also represented your ex boyfriend in his divorce. The attorney has maintained the attorney client relationship with your ex boyfriend by representing your ex boyfriend against you. That is okay. However you can contact the state bar ethics line and see what they think, but I see no conflict of interest.

Is it a conflict of interest to have a lawyer represent you against your ex?

It is not a conflict of interest for the lawyer to represent your ex-boyfriend against you unless the same lawyer represented you against your ex-boyfriend at some time in the past.

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What to do if you have a court date scheduled?

If you have a court date scheduled and wish to go before a judge for a decision, stand your ground. There is no guarantee you will get a better settlement from the judge but, you will at least know you were in control of how your divorce played out. 3.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What are the unwritten rules of family court?

3 Unwritten Family Court Rules: 1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side. Lawyers know they will go before that judge again ...

Do judges enforce awards?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”.

Is an ex-spouse held accountable for child support?

Their ex-spouse is not held accountable and they and their children are left to struggle due to a system that is supposed to protect them. Below is an example of what happens in the Family Court System when trying to collect child support.

Can a father go to jail for non payment of child support?

Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2. If you have a court date scheduled and wish to go before a judge for a decision, stand your ground.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What does it mean to let negative feelings lead to?

Letting any negative feelings lead to destructive behavior or poor judgment on your part is a quick way of painting yourself in a negative light before the judge and putting yourself at a huge disadvantage in court. With that in mind, we’ve drawn from our years of experience with family law cases and compiled a list of seven things you should ...

Is divorce hard to handle?

Posted by Matthew Myers on June 15, 2016. When you’re going through a divorce, it can be hard to handle the stress and emotional turmoil. Often, the legal aspects of divorce tend to get tangled up with the emotional and personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further.

What to do if you start shouting at your ex?

If you start shouting at your ex (especially if the children are present), the judge will not be pleased with your behavior, and the same is true for a physical altercation. The solution to this problem is to be in control of the argument and calm yourself down. Talk calmly and rationally.

How to keep things toned down after divorce?

Instead, keep things toned down after your divorce. Criticizing Your Child’s Other Parent to Anyone. This restraint includes your family and your friends. The bottom line is that anything you say to anyone can be used against you in a custody battle, and it can portray you in a bad light in the eyes of the court.

What should I avoid in a custody battle?

The following is a list of things you should avoid because they can be used against you in a child custody battle…. Engaging in Verbal/Physical Altercations. It is normal for tempers to flare during a custody battle, as your emotions are running hot. However, having a verbal or physical altercation with your child’s other parent can ...

What happens if you make a mistake in child custody?

If you make this mistake, the other parent can ask the court to hold you in contempt, and the court may end up reviewing your child custody and placement agreement. At this point, the court may decide to limit your contact with your child or change the current visitation and/or custody agreement.

Can a guardian leave a child in school?

Even if you are the primary guardian, your child should remain in school or daycare unless you have a very good reason to remove them. Your ex could show the judge a printout from the school and/or daycare that will show how many times your child has been late or absent from school. Abusing Alcohol and/or Drugs.

Can divorce leave a child in a fragile state?

The decision would not end up in your favor. Removing Your Child from Their Regular Activities. A divorce can leave your child’s mental and emotional health in a fragile state, depending on your child’s age. Children need routines.

Is divorce stressful?

A divorce can be extremely stressful. When you add in having to decide who gets custody of your children, it can be especially draining on all those involved. However, it is important to keep in mind that the court will be watching every move you make—both during any legal proceedings and outside of the courtroom.

What does it mean when you yell at your wife?

When you yell at your wife or your children it often gives the appearance that you are being abusive or bullying them.

How to determine how not to behave during custody battle?

To determine how not to behave during your custody battle, it is helpful to review the criteria used by the judge (“court”) to determine appropriate placement of the children. The court is charged with the responsibility of evaluating the situation to determine what placement and parenting time is in the child’s best interest.

What happens if you ignore an order of support?

If the court enters an order of support and you choose to ignore it, that is considered contempt of court. If the judge makes a finding that you are in contempt, you may be fined or even jailed for such behavior.

What happens when a mother keeps her child from her father?

On the other hand, when the mother keeps the child from the father, parental alienation can occur, and that has serious ramifications. 2. Yell at wife and/or children.

What to expect from your mother during custody battle?

In particular, expect your children’s mother to point out all negative behavior during your custody battle. If you behave as though the judge were standing next to you each time you interact with the children or their mother, you will certainly avoid the pitfalls that will reduce your custody chances.

Why is divorce so hard for kids?

Divorce is a difficult time for children. It is hard for them to grasp the idea that their parents’ love for each other can simply end. Things are even more difficult when it becomes clear that the love transferred to a person that is not the child’s mother.

Can you make contact with your wife when you are angry?

No matter how upset you become during these proceedings, you must not make physical contact with your wife or children when you are angry. If this is something that has occurred in the past, you need to acknowledge that you are susceptible to such behavior and leave the area when you become upset.