I just fired my incompetent,arrogant, and lazy attorney. While interviewing other lawyers, I was shocked to have one prospective attorney admit that he had talked to mt STBXW's attorney and he knew financial and personal details.

I know about attorney-client privilege but does that extend to the other attorney openly discussing your case with others?.

BTW , I am in a very small town, attorneys untainted by my STBXW's previous calls are few and far between.

It sounds like gossip to me. Call the local Bar Association and ask about the code of ethics. I would not like it if I learned that my H's attorney or mine were talking about our cases with other attorneys, unless there was a valid reason - like consulting a specialist in tax law or something. And I believe they would tell us first, beforehand, if they were going to do that.

Prolly (my guess here) they can talk about "cases" without using names ... discussing issues as a generality.

If they talked about your case using your name(s) ... I do believe that you have some options before you ...

Cymanca,

Unless they are employed by the same law firm, then yes it is unethical for her attorney to tell another attorney confidential information and state names. This could be considered a breach of the attorney-client privilege. Find yourself a good attorney and ask for details of all communications between WS and her lawyer. When they object as AC Privilege, your new lawyer should make the argument that the privilege was waived when WS' attorney told details to the other attorney. This probably will not work as its the client that has to waive the privilege, but it should certainly scare the pants off her attorney. Another option is to report it to the State Supreme Court's Office of Professional Responsibility.

Regards,

BB

Names, dates, financial figures(accurate) and get this.... a letter to one of my prospective new attorneys making accusations about my honesty. A copy of the letter was faxed to me by this possible new attorney.

Since my firing my attorney, I am now the attorney of record for me(temporarily, I am not THAT nuts).

Your wife is scheming once again ... who knows what nonsense she told her attorney about you ... suckage

Brit,

Thanx soooo much. I swear that after dealing with local attorneys and some real estate agents, I am questioning if I AM THE SOURCE of this cr*p. I actually sat down my office girls individually and had a heart to heart in regards to me behaving irrationally. I am starting to question my own sanity.

Go Browns!!!

I can tell that you are upset by this.

BUT:

You are getting swept up in your emotions. Just like in war, you don't want to fight on two fronts at the same time. It sounds like you have a doozy of a fight on your hands in the divorce. Why do you want to start a second battle against someone else?

Reporting an ethics violation is more than just making a telephone call. You have to fill out forms and supply quite a bit of information. After the ethics people get the forms, then they investigate the allegation. They call you and ask some very specific questions. That requires more of your time. Further, the attorney gets to file a response to your allegation, and then you get to file a response to his response.

The process is not only time consuming but emotionally draining. It will take time and energy away from your main goal: getting the divorce finished.

If you want to file a complaint against the lawyer, wait until the divorce is over and the smoke clears.

Jimmy,

Thank you for your very wise advice. My problem is that her attorney has accused me of reneging on a deal and threatening going to the court on an emergency measure to give immediate relief to my STBXW and to"ask for sanctions against Dr Cymanca". This immediate relief consists of a lot of money that she has been unable to touch.

THIS is why lawyers, as a profession, have such bad reputations. Clients who are justifiably wronged wait and, eventually, do nothing. Meanwhile, the bad eggs continue on and tarnish the rest of us. People take great delight bashing lawyers, as a whole, but don't want to make the effort to weed out the ones who are the source of all the problems. What this lawyer did is a violation of the Rules of Professional Conduct and he/she should be sanctioned for it. We sanction lawyers for not filing their bar dues on time or for not attending the requisite number of Continuing Legal Education hours in a report period, but everyone shys away from sanctioning them from the real harm they do.

Okay vent over,

BB

Brit - I'm convinced!

I don't even HAVE a lawyer and I can tell you the next lawyer I see is getting a complaint filed against 'em. <img src="/ubbt/images/graemlins/eek.gif" alt="" />
<snicker> Anybody seen Mr. W? <img src="/ubbt/images/graemlins/grin.gif" alt="" />

Cymanca - This is the part that really bothers me though:
How much worry and anxiety have you been subjected to because of the problems with the atty? Seems a bit like adding insult to injury? Sorry you're having to deal with this too. <img src="/ubbt/images/graemlins/mad.gif" alt="" />

Fluke,

I appreciate your concern. I think this whole process whether you save the M or D, makes you question your own sanity. My feelings is that one island of tranquility should be your own legal team. My experience has been exactly opposite, to the point I cringed any time there was a message on my desk from my attorney. For the dollars spent and how little I asked of him, hiring him was one of the poorest decisions that I have made in my adult life. The summary of his first six months working for me was the advice to "get laid". I kid you not.

Brit,

Thanks for your second reply. I am tempted to hand deliver her lawyer a letter asking for the privileged papers myself just to see the look on his face. <img src="/ubbt/images/graemlins/grin.gif" alt="" />

Cymanica: You are in a real dog fight.

My advice is to get an attorney from an entirely different town to represent you--even if you have to travel 30 or 40 miles.

Brits: You are overlooking the first rule of being a lawyer: Do what is best for the client.

Cymanica needs to get this divorce over with. First, filing an ethics charge will sap him of energy needed for the D. Second, he might need his ex-lawyer at some point. For example, the ex-lawyer may need to testify about communications with the other attorney. Third, Cymanica could be labeled a "nutty client" by the local attorneys. Assuming that Cymanica is a fairly prominent citizen, that label will ultimately come to the attention of the local judge, and then things will get more difficult.

He has plenty of time to file a complaint.

Jimmy,

The first rule is not do what is best for the client. The first and number one rule is to abide by the oath you undertook when you were sworn into the Bar. That oath requires you to abide by the Rules of Professional Conduct. Also, I am not aware of any rule that says I must always do what is best for my client. What if what is best for my client requires me to violate the law? I am not permitted to do that. The rule is that a lawyer must zealously represent his - or my my case, her - client - within the confines of the Rules of Professional Conduct.

BB

Particularly Lemonman. <img src="/ubbt/images/graemlins/wink.gif" alt="" />

I'm with Brit on this one. Revealing client confidences is unacceptable conduct that should be sanctioned. It is also correct to say that the attorney discipline process is long and arduous. I would consider sending a letter to the attorney demanding that s/he cease and desist, or your next step will be to go to the [agency that oversees attorney conduct] in your state. This will serve a three-fold purpose - first, it will likely stop the offending conduct (who knows who else s/he is talking to?); it will preserve your complaint for at least a limited period, should you choose to go forward at a more favorable time; and it will give you a sense of empowerment over your situation, which might give you a bit of a boost. What do you think?

As a lawyer, you put your client's interests first, the "greater good of society" second.

First, it is *NEVER* "best" for you or your client to violate the law.

Second, the Ethics Code is the minimum standards for a lawyer, not the top. If all you can say at the end of your legal career is, "Well, I didn't violate any laws", you haven't had much of a career.

CY

in plain English

get divorced first

then sue the bad attorney using a good pit bull attorney

Pep,

I know but while it seems that in a 50/50 state this should be an easy process, it just isn't.Between post separation "credits" and other legal jargon associated with two professional corporations, it has turned into a royal pain.

I'm so sorry CY

Our state is pretty screwey of late