Questionable Conflict Of Interest

[bitterend]

What is the name of your state? Nevada

I have a child custody case that was heard in Pro Per in the state of California. I won this case and since then have moved to Nevada with the knowledge of the state of Ca.

This year I applied to work for a lawyer here in the State of Nevada and was asked questions on my legal knowledge. I went into detail with this Lawyer regarding the case that was heard in Ca and why I had interest to work in the legal field . The Law practice deals with Family Law among other things.

I was offered a postion by the Atty about one month later, and I had to turn it down because I had been offered employment by a company in that time.

Jump to present date.

I recieve a letter from this atty stating that the firm is now handling my child custody case and representing the father of my child. Stated was that they knew that it was my name that he brought up and that it was decided that they would take on this case? Mind you the father as well does not live in this state.

Ethical ? NO ... that is a given but would this show a conflict of interest? since I had told the atty in detail about my case since this is the ONLY legal knowledge that I have. My resume does not even represent that I have any legal background.

I have all corrospondence with this atty. as well as seperate interactions with her on purchasing some items from her from an online adv. and other things. Would this be grounds to tell the judge when the case does go before them to let them know of the fact that she knows me already and had details of the case??

Thanks in Advance .

Originally Posted by bitterend

...Would this be grounds to tell the judge when the case does go before them to let them know of the fact that she knows me already and had details of the case??....

Your lawyer should inform the court of this immediately.

I suspect the state bar of Nevada may also be interested in this. Ask them.

[bitterend]

Thank you .

I do not have a lawyer. I have handled the case on my own for the past 3 years. I did get a lawyer at one point and no offence to her but I knew alot more about the UCCJEA than she did.

I checked the court cases filed and she has filed a motion for custody here in the state of Nevada. She gave "true Certified copy" of the file to Nevada court of the CA case but did not bother to check the case in CA. There is a OSC on calander in the state of CA. The Lawyer also noted that she was Licenced to practice in the state of CA.

I know that we all have to work hard to make money but I just see this as Wrong Wrong Wrong.

Originally Posted by bitterend

...I do not have a lawyer....I did get a lawyer at one point and no offence to her but I knew alot more about the UCCJEA than she did....

You may be a lot smarter than I am, but I would never represent myself in such a case. This is a specialized area of the law and you need to find an attorney to help you in this area.

Too much is at stake here....

[rmet4nzkx]

Since you revealed your case history in an employment interview and never had client-atty relationship, there may be no conflict of interest, even though you now regret such disclosure, if your ex later hires that attorney. You may know enough about the UCCJEA to be dangerous but not enough about law in general. BTW you will need to become more familar with California law. Since the case is in California, that is where you will have to go since the father is in California, my suggestion is to retain an attorney in California who specializes in custody cases as these move away issues may be very tricky. If you were honest and above board in your case then you should have nothing to worry about, right
Contact the bar association on both states if you should have a complaint.

[bitterend]

He does not live in Nevada. He lives in FL. The case is still active in the state of CA and I was already granted a moveaway orders. It was already recommended by CA courts to have him sanctioned. ( files OSC and does not show up ) also is in non compliance of said CA order.

His atty has filed the case here or say registered the case her for modification. BUT ... there is already a pending motion in CA.

CA has full knowledge that I live in another state but has maintained exlusive juridstiction on this case due to the circumstances. As well has stated that they have to petition the CA court to move said case. There are so many loopholes that can be jumped through on this one but its a huge headache.

Case is bascially that I have full custody, w/supervised visitiations. no visitations have been made in 18 months even less so in 32 months. Child is not of age to remember father as well absent since 8 months. Non compliance on orders ( visitiation, medical insurance, child support ) They are trying to move the case to a new judge in a new area so that it may fall more in his favor.

I appreciate the feedback on this !

Originally Posted by rmet4nzkx

...my suggestion is to retain an attorney...

Poster, while I respectfully disagree with rmet4nzkx about the ethical issue here, I strongly agree with this part of rmet4nzkx's post.

[bitterend]

Thanks.

We have a in house atty with the company that I work with who agrees that if I do take it to the bar I have a bit of a stronger chance before the judge about the matter.

I am going to the pro bono project here in my city to have my case looked at.

Thank you for your advice once again.

Originally Posted by bitterend

I am going to the pro bono project here in my city to have my case looked at.

Post back with results.

[rmet4nzkx]

Since the question was an ethical question and not a legal question and the merits of the case were never presented, we can only address the question of whether there existed an confilct of interest insofar as the code of conduct of the California Bar, not how that quesiton might be leveraged to make your case in the absense of more compelling reasons.

I suggest you call their ethics hotline and ask your question there, you can find that number on the internet and also access the code of conduct.

Your defensiveness sends up some red flags that you must have revealed something detramental to your case, however the fact remains that you never had a client/attorney privilege nor an employer relationship with his attorney before or after she was retained to represent him. Just because you are familar with UCCJEA doesn't mean you have the knowledge and experience to represent yourself, nor is a pro bono project in NV going to necessiarly be able to represent you in California.

I don't know anything about CA ethics or NV ethics, but what this lawyer did looks bad and smells bad.

[rmet4nzkx]

Originally Posted by seniorjudge

I don't know anything about CA ethics or NV ethics, but what this lawyer did looks bad and smells bad.

It may, but isn't that why they have attorney jokes? Where is the conflict? And why is OP so defensive?

What is the difference between a sturgeon and an attorney?

Originally Posted by rmet4nzkx

It may, but isn't that why they have attorney jokes? Yes Where is the conflict? Talking to an unrepresented party And why is OP so defensive? LIFINO

What is the difference between a sturgeon and an attorney? Please tell me

This forum is more fun than evicting little old ladies on a snowy Christmas Eve!

[rmet4nzkx]

Originally Posted by seniorjudge

What is the difference between a sturgeon and an attorney? Please tell me

This forum is more fun than evicting little old ladies on a snowy Christmas Eve!

One is a scum-sucking-bottom dweller,
the other is a fish
(Please no comments from anglers, this is meant as humor and not to defame the character of either attorney's or fish )

OP wasn't seeking representation or consulting about the case, she was relaying her experience with the law trying to impress a potential employer.

Originally Posted by rmet4nzkx

One is a scum-sucking-bottom dweller, the other is a fish

What an awful thing to say about that poor cold blooded, senseless creature! (The fish, I mean.)