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  #1  
Old 12-12-2005, 11:02 PM
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What do u do when your divorce lawyers legal secretary is sleeping with your husband?


What is the name of your state?undefinedGeorgia
I am seeking divorce from my husband of 11 yrs. I obtained an attorney and proceeded to have divorce papers drawn up. My husband could not afford an attorney and we decided to try an uncontested divorce using my attorney. At that point things began to slow down and my attorney began to tell me that I should really decide to take my husband back and not be so hard on him. A week or so later I catch my husband and my attorney's legal secretary in a compromising position at my husbands home. He also tells me that she has been typing all of his legal "answers" for him. What can I legally do in this situation? This seems like it is in the very least a conflict of interest. I need help.
  #2  
Old 12-12-2005, 11:20 PM
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Quote:
Originally Posted by thecolliers02
What is the name of your state?undefinedGeorgia
I am seeking divorce from my husband of 11 yrs. I obtained an attorney and proceeded to have divorce papers drawn up. My husband could not afford an attorney and we decided to try an uncontested divorce using my attorney. At that point things began to slow down and my attorney began to tell me that I should really decide to take my husband back and not be so hard on him. A week or so later I catch my husband and my attorney's legal secretary in a compromising position at my husbands home. He also tells me that she has been typing all of his legal "answers" for him. What can I legally do in this situation? This seems like it is in the very least a conflict of interest. I need help.
I don't believe that is what was meant by personal service.

Contact the Bar association and file a complaint.
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  #3  
Old 12-13-2005, 05:24 AM
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Quote:
Originally Posted by thecolliers02
What is the name of your state?undefinedGeorgia
I am seeking divorce from my husband of 11 yrs. I obtained an attorney and proceeded to have divorce papers drawn up. My husband could not afford an attorney and we decided to try an uncontested divorce using my attorney. At that point things began to slow down and my attorney began to tell me that I should really decide to take my husband back and not be so hard on him. A week or so later I catch my husband and my attorney's legal secretary in a compromising position at my husbands home. He also tells me that she has been typing all of his legal "answers" for him. What can I legally do in this situation? This seems like it is in the very least a conflict of interest. I need help.
Its certainly a conflict of interest, and I agree that a complaint to the bar is probably in order.

However I would also tell the attorney that since his/her secretary is sleeping with your husband, that you feel that he/she should refund your retainer so that you can hire councel where a conflict of interest doesn't exist. He/she may not know that his/her secretary is doing that.
  #4  
Old 12-13-2005, 06:18 AM
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And what do you WANT to happen?

To date you have said nothing that is "unethical" for the attorney and you have not shown that the attorney knew anything of what was going on.

And the LEGAL SECRETARY is not subject to the Ethics Committee jurisdiction.
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  #5  
Old 12-13-2005, 06:57 AM
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Originally Posted by BelizeBreeze
And what do you WANT to happen?

To date you have said nothing that is "unethical" for the attorney and you have not shown that the attorney knew anything of what was going on.

And the LEGAL SECRETARY is not subject to the Ethics Committee jurisdiction.
However I suspect that most attorneys would NOT be happy if they knew that their secretary was sleeping with a client's estranged spouse....
  #6  
Old 12-13-2005, 06:59 AM
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Originally Posted by LdiJ
However I suspect that most attorneys would NOT be happy if they knew that their secretary was sleeping with a client's estranged spouse....
Not the point. I am trying to clear up the misconception on this thread that this has anything to do with ethics. It does NOT.
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  #7  
Old 12-13-2005, 07:12 AM
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Quote:
Originally Posted by BelizeBreeze
Not the point. I am trying to clear up the misconception on this thread that this has anything to do with ethics. It does NOT.
The secretary has access to the client's files.....and therefore could reveal confidential information. Is an attorney not also responsible for the actions of their staff as it relates to their clients?

I know that a doctor is responsible for the actions of their staff...its not the same for an attorney?
  #8  
Old 12-13-2005, 07:17 AM
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Quote:
Originally Posted by LdiJ
The secretary has access to the client's files.....and therefore could reveal confidential information. Is an attorney not also responsible for the actions of their staff as it relates to their clients?

I know that a doctor is responsible for the actions of their staff...its not the same for an attorney?
No one said the attorney should not be told. But every one of the responses to this point intimated an Ethics violation for which the attorney could be reported and that simply is NOT true.

The Bar Association nor the committee on ethics has anything to do with this unless and until it can be shown that the 'secretary' acted on order of the attorney, which is NOT shown in this post.

This is simply an internal event which should be handled as such by 1. informing the attorney of record and; 2. finding a new attorney.
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