Devastated Mom said:
Ohio
The Divorce never happened I dismissed the case after we did all the financial stuff. Now the lawyer who did this for me is representing my son(who was a minor at the time of the divorce) in a civil case agaisnt me. The lawyer knows more about me than my own lawyer does. And I think I still owe him money.
Thank you for not answering my questions. Did you not understand the questions? Were they unclear? Allow me to rephrase.
What is the new matter about?
Please note, I didn't ask only who sued who. And I assumed it was civil. What, specifically, is the case about? Did you hit him with your car? Did you not pay back a loan he gave you? Did you beat him as a child or molest him and he is now suing you for it? I need more information, and you need to be very specific about what the new case is about. What I'm really after is whether anything occurred in the previous case that the lawyer is or could use against you in this case?
To repeat, I want to know "Is there a possibility of the lawyer in the new matter is using any confidential information he obtained from/about you in the divorce with respect to the new matter?"
The disciplinary rules in Ohio provide:
DR 4-101. PRESERVATION OF CONFIDENCES AND SECRETS OF A CLIENT.
(A) "Confidence" refers to information protected by the attorney-client privilege under applicable law, and "secret" refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
(B) Except when permitted under DR 4-101(C), a lawyer shall not knowingly:
(1) Reveal a confidence or secret of his client.
(2) Use a confidence or secret of his client to the disadvantage of the client.
(3) Use a confidence or secret of his client for the advantage of himself or of a third person, unless the client consents after full disclosure.
(C) A lawyer may reveal:
(1) Confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them.
(2) Confidences or secrets when permitted under Disciplinary Rules or required by law or court order.
(3) The intention of his client to commit a crime and the information necessary to prevent the crime.
(4) Confidences or secrets necessary to establish or collect his fee or to defend himself or his employees or associates against an accusation of wrongful conduct.
(D) A lawyer shall exercise reasonable care to prevent his employees, associates, and others whose services are utilized by him from disclosing or using confidences or secrets of a client, except that a lawyer may reveal the information allowed by DR 4-101(C) through an employee.
