Is this Ethical?

[snshea]

What is the name of your state? IA
I have been involved in a divorce for a little over a year. I'm still working with my original attorney but my stbx recently fired her attorney & hired new representation. My concern with this is the fact that her new attorney is married to a partner at the firm that represents me. Could my opposing attorney have access to my file through her spouse??? I realize that lawyers are professional people & I should trust my attorney but this past yaear has taught me to trust no one. Is this a normal scenario or should I be concerned?

 

[BelizeBreeze]

What is the name of your state? IA
I have been involved in a divorce for a little over a year. I'm still working with my original attorney but my stbx recently fired her attorney & hired new representation. My concern with this is the fact that her new attorney is married to a partner at the firm that represents me. Could my opposing attorney have access to my file through her spouse??? I realize that lawyers are professional people & I should trust my attorney but this past yaear has taught me to trust no one. Is this a normal scenario or should I be concerned?

Have you brought your concern to YOUR attorney?

 

[snshea]

Yes I did - She said there's nothing to worry about & I believe that she's sincere. However I don't know her partner & suspect that if anything was done unethically, no one would ever know about it or admit it. I'm sure the opposing attorney would claim that she received her info during discovery & know one could prove any different.

 

[BelizeBreeze]

Yes I did - She said there's nothing to worry about & I believe that she's sincere. However I don't know her partner & suspect that if anything was done unethically, no one would ever know about it or admit it. I'm sure the opposing attorney would claim that she received her info during discovery & know one could prove any different.

Listen, if you feel this way then fire your attorney.

you both, you and your ex, have the right to have representation. And, absent of a provable conflict of interest, you reatain that right regardless of who represents you.

 

[snshea]

Thanks for the response - I have considered firing my attorney but I've paid a large retainer & throughout the last year I've paid ahead on my account. I don't really want to forfiet what's been invested & I'm scheduled for trial in early May. Hiring a different attorney would surely push the court date back & after a year of fighting, I don't want this to go on any longer than it has. It sucks & I want it over with.
The only hold up here is based on an inheritance that I received when I was 14 years old. My Grandmother left a farm to me & my parents. My parents retain a life estate & I'm a remainderman. My parents are still alive & are entitled to the income from this farm until they pass away. At that point in time, the land transfers to me. My stbx beleives that she is entitled to my "future" inheritance & won't agree to a settlement unless I give her a portion of something that I don't even own yet. My stbx has never stepped foot on this farm & we've never in the past used any marital funds to improve or maintain this farm. This has always been cared for & maintained by my parents. Obviously, this is not marital property.

 

[Ithildriel]

Sounds like your stbx is a pinhead.

 

[BelizeBreeze]

Thanks for the response - I have considered firing my attorney but I've paid a large retainer & throughout the last year I've paid ahead on my account. I don't really want to forfiet what's been invested & I'm scheduled for trial in early May. Hiring a different attorney would surely push the court date back & after a year of fighting, I don't want this to go on any longer than it has. It sucks & I want it over with.
The only hold up here is based on an inheritance that I received when I was 14 years old. My Grandmother left a farm to me & my parents. My parents retain a life estate & I'm a remainderman. My parents are still alive & are entitled to the income from this farm until they pass away. At that point in time, the land transfers to me. My stbx beleives that she is entitled to my "future" inheritance & won't agree to a settlement unless I give her a portion of something that I don't even own yet. My stbx has never stepped foot on this farm & we've never in the past used any marital funds to improve or maintain this farm. This has always been cared for & maintained by my parents. Obviously, this is not marital property.

your ex will get a surprise soon.

 

[snshea]

The true colors really shine through during divorce!!!! I'm glad to be rid of her.

 

[Bali Hai]

Thanks for the response - I have considered firing my attorney but I've paid a large retainer & throughout the last year I've paid ahead on my account. I don't really want to forfiet what's been invested & I'm scheduled for trial in early May. Hiring a different attorney would surely push the court date back & after a year of fighting, I don't want this to go on any longer than it has. It sucks & I want it over with.
The only hold up here is based on an inheritance that I received when I was 14 years old. My Grandmother left a farm to me & my parents. My parents retain a life estate & I'm a remainderman. My parents are still alive & are entitled to the income from this farm until they pass away. At that point in time, the land transfers to me. My stbx beleives that she is entitled to my "future" inheritance & won't agree to a settlement unless I give her a portion of something that I don't even own yet. My stbx has never stepped foot on this farm & we've never in the past used any marital funds to improve or maintain this farm. This has always been cared for & maintained by my parents. Obviously, this is not marital property.

To hell with the retainer. You have alot more at stake than that.

Get a different attorney as advised. A conflict of interest is just that no matter how small. Professionals don't act so professional at times.

Document all of this and have your new attoreny ask the court for a continuance.

A little more time of gut wrenching will be worth it.

Hang tough.

 

[BelizeBreeze]

the advice was not to fire the attorney. It was, iF the poster felt so, they should fire the attorney.

Attorneys who are related in some way to each other, albeit in a convoluted way as in this case, are not necessarily in conflict. The legal community is very small and there will always be a case where opposing council knows or has had contact with each other.

The point of this is that it is the FEELINGs of the poster that matter, not any preceived conflict, which, in this case, I don't see.

 

[snshea]

I think at this point in time I'm just worrying about things that I don't need to worry about. I'll probably stick with my attorney & trust her until I actually have a legitimate reason to make a change.

BB - I've read several of your responses to other posts on the forum & I have to admit that I wish you were my attorney!! I made the mistake early in this divorce by talking about issues with friends, family, co-workers, & my attorney. Of course, they were all on my side & they told me what I wanted to hear instead of the truth. It's nice to get an opinion from someone who tells it like it is. I see there are several posters out there only looking for agreement & pity.They can't handle or accept the real truth.

 

[Bali Hai]

I think at this point in time I'm just worrying about things that I don't need to worry about. I'll probably stick with my attorney & trust her until I actually have a legitimate reason to make a change.

BB - I've read several of your responses to other posts on the forum & I have to admit that I wish you were my attorney!! I made the mistake early in this divorce by talking about issues with friends, family, co-workers, & my attorney. Of course, they were all on my side & they told me what I wanted to hear instead of the truth. It's nice to get an opinion from someone mwho tells it like it is. I see there are several posters out there only looking for agreement & pity.They can't handle or accept the real truth.

Thank you very much from both of us!

 

[Ohiogal]

I think at this point in time I'm just worrying about things that I don't need to worry about. I'll probably stick with my attorney & trust her until I actually have a legitimate reason to make a change.

BB - I've read several of your responses to other posts on the forum & I have to admit that I wish you were my attorney!! I made the mistake early in this divorce by talking about issues with friends, family, co-workers, & my attorney. Of course, they were all on my side & they told me what I wanted to hear instead of the truth. It's nice to get an opinion from someone who tells it like it is. I see there are several posters out there only looking for agreement & pity.They can't handle or accept the real truth.

Its truthfully refreshing to hear a poster who isn't whining because someone told them the truth and not what they wanted to hear. I normally agree with BB because BB knows the law and if I do disagree it is not on big points but rather on small ones. Stating the law may make him (and others like me) sound blunt but the law doesn't care about emotion. It cares about facts and applying them properly to the situation.