Employment lawyer representing a client for divorce

[Aspiration]

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

I posted, but I don't see my question anymore (so please pardon if it doubles).

Can a lawyer that has a specialty in an area like workers' comp, criminal or employment law represent a client for a family case like divorce/custody? I wouldn't think it would be wise to seek counsel with someone who doesn't practice in an area you need. Is it permitted, or is there something in place to keep someone from being able to represent them in court?

 

[swalsh411]

As long as the attorney is licensed to practice in that State it doesn't matter what his claimed specialty it. Whether or not it is wise is another question, but it's permitted.

 

[Zigner]

Why does the question come up?

 

[tranquility]

It is an attorney's ethical duty to not take clients for representation he is not qualified to perform.

But, there is no prohibition from one type of attorney doing work in a different area.

 

[Aspiration]

Why does the question come up?

I received a call from a lawyer stating he was representing my husband asking to decide on visitation since he doesn't believe there's anything else to discuss for a divorce. I guess he helped my husband put together the paperwork to obtain a default judgment which I got overturned. I hadn't seen anything on it, so I was wondering. From the way he was talking, it seemed more like he was trying to do a quick favor and hoping I'd just give him a visitation schedule rather than looking to see what's actually gone on between us over the years to see why I feel like I have a right to ask for anything (like help with daycare costs).

 

[Zigner]

I received a call from a lawyer stating he was representing my husband asking to decide on visitation since he doesn't believe there's anything else to discuss for a divorce. I guess he helped my husband put together the paperwork to obtain a default judgment which I got overturned. I hadn't seen anything on it, so I was wondering. From the way he was talking, it seemed more like he was trying to do a quick favor and hoping I'd just give him a visitation schedule rather than looking to see what's actually gone on between us over the years to see why I feel like I have a right to ask for anything (like help with daycare costs).

Any concerns you have have are misplaced as the attorney is not representing you.

 

[tranquility]

I agree with Zigner, if there is a problem with the attorney's knowledge, it is for the husband to deal with. The OP is not in privity.

 

[Aspiration]

I'm aware that he's not representing me, and I never said I had a problem with it. I was asking because I've had attorney friends tell me I needed to consult with someone in a particular area when I asked questions regarding business law. One had just graduated, but it came across as if they weren't permitted to give advice outside of their specialty as if they were trained in the additional areas. When you have professionals in the field telling you they can't advise you in another area, it gives the impression there's some restriction written.

 

[ecmst12]

Because it would be unethical, not illegal.

 

[las365]

I don't think it would be unethical, unless the attorney represented to his client that he had specialized experience that he did not. Everyone has to start somewhere.

But I think we all agree, the experience of OP's estranged husband's attorney is none of her beeswax. In fact, it sounds promising that nature of the communication with her seems to be in the interest of working things out.

 

[ecmst12]

Someone who has just graduated from law school but has not passed the bar would not be allowed to give any legal advice and might indeed be paranoid about doing so even informally. In other cases, maybe your friends just did not want to work for you for free or do the research they would need to do in order to give you good advice, so they declined to say anything at all. My husband works with computers for a living, but he groans every time a family member wants advice on how to fix their home PC.

 

[Ohiogal]

Because it would be unethical, not illegal.

Actually it is NOT unethical. While I confine my practice to juvenile/domestic/criminal, I can still advise people on foreclosures, debts, and wills among other things. Now whether I feel COMFORTABLE doing all that is another story.

 

[ecmst12]

It would be unethical to advise someone on a subject you did not feel comfortable/knowledgeable on though. We don't know what the knowledge base or experience level of the friends/family OP attempted to get advice from was. And maybe they were just making excuses for not wanting to work during their free time, which is ok too.

 

[Ohiogal]

It would be unethical to advise someone on a subject you did not feel comfortable/knowledgeable on though. We don't know what the knowledge base or experience level of the friends/family OP attempted to get advice from was. And maybe they were just making excuses for not wanting to work during their free time, which is ok too.

I cannot argue with that. However, that doesn't mean that OP's husband's attorney is doing anything unethical just because he usually works in another type of law. And that is what OP needs to remember.

 

[You Are Guilty]

Perhaps it is just me, but I've found that when you hear "You need to consult with a specialist in that area", what is really meant is "You need to consult with anyone who isn't me, now go away".