Questions about attorney behavior

[smmow23]

What is the name of your state (only U.S. law)? TN

In the middle of messy divorce in TN. Quick back story. One 12 year old child. Child and I left due to father's alcoholism and abuse. Currently, child is in therapy and has been for the last year, hasn't seen his father in six months due to father drinking and driving with child in car. Before that it was one day a week for 5 hours, father's choice for that time only because he was "busy."

Father's attorney has done some things which I wonder if cross the ethical line. First meeting with GAL was at court for temporary support and father's attorney tells my attorney and the GAL, in front of me "I have spoken to the child's therapist and she says mom is the problem here. There are no issues between my client and his son except for what the mother has made up." Except son's therapist had not spoken to him. She didn't have a release to do so(does now because I signed one so she could speak to ex's attorney after finding out it was needed because stbx wouldn't sign one for his own attorney.) I provided the GAL with proof from the therapist that she had not spoken to father's attorney due to no release and she confirmed that during their meeting. The other thing father's attorney did was the judge ruled that day that stbx was to pay me $xxx.xx in support each month. My attorney drafted the order exactly like the judge ruled and his attorney refused to sign because he wanted to propose a different order.

So my questions are: 1) Is it a violation of the rules of professional conduct for an attorney to deliberately lie to opposing counsel and the GAL? If so, do I file a complaint with the state or ask for sanctions from the judge?
2) Are attorneys allowed to file their own ideas for orders after a judge has already ruled on the amount?

Thanks

 

[Taxing Matters]

So my questions are: 1) Is it a violation of the rules of professional conduct for an attorney to deliberately lie to opposing counsel and the GAL?

Yes. Rule 4.1(a) of the Tennessee Rules of Professional Conduct states: “In the course of representing a client, a lawyer shall not knowingly make a false statement of material fact or law to a third person.”

If so, do I file a complaint with the state or ask for sanctions from the judge?

It is the Board of Professional Responsibility, which is part of the Tennessee Supreme Court, that regulates and disciplines lawyers for violations of the Rules of Professional Conduct. Information on filing a complaint against an attorney may be found here:
http://www.tbpr.org/for-the-public

2) Are attorneys allowed to file their own ideas for orders after a judge has already ruled on the amount?

Yes. Whether doing that will do the attorney and his client any good is another matter. Bear in mind that there are a variety of reasons why the opposing lawyer might want to do that. I’ll mention two of them. First, the lawyer might have a good faith belief that what your attorney drafted did not fairly reflect what the court ordered and wants to submit a draft order that he believes better reflects that order. Second, the lawyer might believe that the order your attorney has drafted is simply poorly written and he wants to submit a draft that is better. I have done both of those things myself. There is nothing wrong with wanting to ensure that the final order that comes from the court truly reflects the decision the judge made and is written well so that future conflicts and problems are avoided. Poorly written orders lead to more problems later, costing clients even more money and trouble. I try to avoid that as much as possible. But if he’s simply angling to try to change the judge’s mind, that’s likely to go nowhere and achieve nothing other than costing his client money in more legal fees.