Attorney representing both sixed

[Anna3217]

North Carolina
An attorney in my daughters child custody case (she is the fathers attorney) has informed my daughter that she can represent both of them in the custody case. This wilL not be a simple case but will involve abuse and violations of the restraining order. Is this an ethical or any kind of violation for his attorney to say she can represent both of them?

 

[PayrollHRGuy]

North Carolina
An attorney in my daughters child custody case (she is the fathers attorney) has informed my daughter that she can represent both of them in the custody case. This wilL not be a simple case but will involve abuse and violations of the restraining order. Is this an ethical or any kind of violation for his attorney to say she can represent both of them?

Then you should advise your daughter to get her own lawyer.

PLEASE keep in mind that you are only hearing a version of the story.

 

[Just Blue]

North Carolina
An attorney in my daughters child custody case (she is the fathers attorney) has informed my daughter that she can represent both of them in the custody case. This wilL not be a simple case but will involve abuse and violations of the restraining order. Is this an ethical or any kind of violation for his attorney to say she can represent both of them?

I am tagging @Ohiogal who is a family law attorney.

 

[zddoodah]

It is not legal for an attorney to represent adverse parties in a litigated matter. Your daughter should seek an attorney of her own.

 

[stealth2]

I agree that your daughter needs her own attorney.

 

[Anna3217]

It is not legal for an attorney to represent adverse parties in a litigated matter. Your daughter should seek an attorney of her own.

She has gotten an attorney of her own, we knew better, I just wanted to know if she can do it, to know if she is doing something wrong by stating this making some kind of ethical violation. She clearly does not have her clients best interest at heart.

 

[adjusterjack]

I don't think there is anything unethical about one attorney representing both parties IF both parties AGREE ON EVERYTHING.

Which rarely happens and is apparently not the case in this case.

Your daughter was wise not to go along with it.

 

[zddoodah]

I don't think there is anything unethical about one attorney representing both parties IF both parties AGREE ON EVERYTHING.

Agree. If all issues are uncontested, then the spouses can jointly hire an attorney to do all the paperwork. Not all attorneys will be willing to do it, but some will.

 

[quincy]

Here is a link to information that your daughter might find helpful:

https://www.nccourts.gov/help-topics/family-and-children/child-custody

It would be a conflict of interest for one attorney to represent both parents in a divorce/custody matter (Rules of Professional Conduct, Rule 1.7, Conflict of Interest).

 

[LdiJ]

North Carolina
An attorney in my daughters child custody case (she is the fathers attorney) has informed my daughter that she can represent both of them in the custody case. This wilL not be a simple case but will involve abuse and violations of the restraining order. Is this an ethical or any kind of violation for his attorney to say she can represent both of them?

Based on what you have described, it is a serious ethical violation.

 

[Anna3217]

Here is a link to information that your daughter might find helpful:

https://www.nccourts.gov/help-topics/family-and-children/child-custody

It would be a conflict of interest for one attorney to represent both parents in a divorce/custody matter (Rules of Professional Conduct, Rule 1.7, Conflict of Interest).

So that person that was tagged in the free advice

Then you should advise your daughter to get her own lawyer.

PLEASE keep in mind that you are only hearing a version of the story.

what did you mean by this? If you mean that she made it up or did not hear correctly, it is in a text from the attorney as well as the attorney telling my daughter and I personal,info about her client

 

[Anna3217]

Thank you everyone. My daughter knew better ans we have our own capable attorney. I just wanted to make sure that what I thought was correct and that it is a ethical violation. This is a case where there will be a serious fight over a child and one party is a drug user, abuser and has violated the restraining order. His attorney is the one saying the stupid things. So for her to even insinuate that she could represent both sides is very serious. She has also spoken through text to my daughter and told some confidential things to my daughter about her client. It is a strange situation for sure. I will be reporting her to the NC Bar.

 

[stealth2]

Thank you everyone. My daughter knew better ans we have our own capable attorney. I just wanted to make sure that what I thought was correct and that it is a ethical violation. This is a case where there will be a serious fight over a child and one party is a drug user, abuser and has violated the restraining order. His attorney is the one saying the stupid things. So for her to even insinuate that she could represent both sides is very serious. She has also spoken through text to my daughter and told some confidential things to my daughter about her client. It is a strange situation for sure. I will be reporting her to the NC Bar.

Regarding the bolded, I would most strongly suggest that you take care when it comes to inserting yourself in this manner. Not only is it important from a legal standpoint (this is HER divorce and HER lawyer- not yours), it is even more important in terms of her recovery/moving on from the situation she is escaping. Believe me - I understand. I have been in your shoes (sans a child involved when it was my daughter, thank goodness) as the daughter and as the mother. As the daughter, I needed to know I could handle it on my own (and it was not an amicable situation I understand that as a parent - regardless of your child's age - the desire to swoop in and 'fix the owie'. Thing is... She needs to know that not only CAN she handle this on her own, but that you trust her to be able to do so. Your job is support - emotional and (when possible) financial. But she has to do the heavy lifting of this fight, and not trade in her previous situation to one where she remains the child. By all means, do research, funnel her information, be a shoulder but trust her to do what is right for her and her child. For yourself? Find others to cry to, scream to, badmouth the ex to (do not ever do this anywhere the child is even remotely present).

Best of luck. She *can* do this. And so can you.

 

[Anna3217]

Regarding the bolded, I would most strongly suggest that you take care when it comes to inserting yourself in this manner. Not only is it important from a legal standpoint (this is HER divorce and HER lawyer- not yours), it is even more important in terms of her recovery/moving on from the situation she is escaping. Believe me - I understand. I have been in your shoes (sans a child involved when it was my daughter, thank goodness) as the daughter and as the mother. As the daughter, I needed to know I could handle it on my own (and it was not an amicable situation I understand that as a parent - regardless of your child's age - the desire to swoop in and 'fix the owie'. Thing is... She needs to know that not only CAN she handle this on her own, but that you trust her to be able to do so. Your job is support - emotional and (when possible) financial. But she has to do the heavy lifting of this fight, and not trade in her previous situation to one where she remains the child. By all means, do research, funnel her information, be a shoulder but trust her to do what is right for her and her child. For yourself? Find others to cry to, scream to, badmouth the ex to (do not ever do this anywhere the child is even remotely present).

Best of luck. She *can* do this. And so can you.

I appreciate that. Thanks!

 

[adjusterjack]

we have our own capable attorney.

"We" do not have an attorney. "She" has an attorney. And she has no business making or accepting any contact with her enemy's attorney. Period. It should be done through her own attorney and her attorney should be the one addressing the questionable conduct.