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Old 03-13-2003, 01:49 AM
kml_3201
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attorney misconduct?


What is the name of your state? Calif.but the divorce was done in Montana [and final this week ],but-- my ex called today to make me an offer regarding my payments of child support. He wants to have me suspend paying him so he won't have to send me the $5000 he owes me. He says he'll let me skip two payments beyond that which I owe him if I do this. He has been very manipulative, untrustworthy, dishonest[lied in court to get custody of our 2 boys]. Now the lawyer problem. He called MY attorney without my permission and made arrangements to pay the attorney the balance of my bill and send the remainder to me. My attorney told him what I owed and made an appointment to see my ex without my knowledge or consent. Isn't this a breach of contract? What are my rights?
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Old 03-13-2003, 07:43 AM
rush2judgment
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Hmmmm, this is by no means a legal opinion. Just a layman's opinion: If you have an attorney and your husband doesn't (he's representing himself) then you and he should only communicate through your attorney.

Furthermore, if your husband IS representing himself then there is no restriction on his calling your attorney. If on the other hand he does have an attorney then he should have his attorney communicate with yours to resolve any issues.

If he does have representation, then your attorney should not discuss anything with him (knowing he has representation) without the presence of his attorney.

Your attorney, by no means should be allowed to make decisions for you. I would not accept anything that my attorney agreed to without my knowledge or before notifying me of the communication.

My attorney made the decision of how I am to receive the final settlement amount from my soon-to-be-ex. She claimed that it is more beneficial for me form a tax point of view to take the amount in the form she opted for on my behalf. I sent her a letter reminding her that I am a Financial Advisor, and know full well which choice will benefit me most, I also told her that I don't appreciate her making decisions without discussing my options with me; that I expected her to refile the final judgement with the court after making the appropriate changes; and also requested that she review, reverse and refrain from billing me for the time spent to modify and refile the new agreement.

Good luck.
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