Partners?

[bham]

I'm in Alabama and I feel that I have been played by the system. I got divorced, signed an agreement then a year later was back in court by my "X" for a modification. My lawyer, and my X's lawyer used to work together. This was unknown to me at the time I settled in 11/11. Should I have been told this? If I had known I would have changed lawyers. The agreement I signed is riddled with obvious "catch 22's" that should have been resolved if my lawyer was looking out for me. My agreement is so tainted with things I didn't understand at the time. For example, we deviated from the child support payment amount to a lesser amount because of time I have with my child. Yet if you look at the amount of time as a percent the percent reduction isn't any where close that dollar amount not to mention he told me to pay half of excuricular activities but if you add it all up it's more than my original agreement. My lawyer also failed to hear me when I told him I as under a doctors care, and "not feeling" too good and thinking the "as clear as I could be." Is there a process to ask that a higher authority look into this matter? Yes I agreed to the agreement, under duress again, but... the Judge who signed it has since been removed because of conduct issues...does this void my agreement or allow me any options? There is a temporary judge in place now.

 

[Silverplum]

I'm in Alabama and I feel that I have been played by the system. I got divorced, signed an agreement then a year later was back in court by my "X" for a modification. My lawyer, and my X's lawyer used to work together. This was unknown to me at the time I settled in 11/11. Should I have been told this? If I had known I would have changed lawyers. The agreement I signed is riddled with obvious "catch 22's" that should have been resolved if my lawyer was looking out for me. My agreement is so tainted with things I didn't understand at the time. For example, we deviated from the child support payment amount to a lesser amount because of time I have with my child. Yet if you look at the amount of time as a percent the percent reduction isn't any where close that dollar amount not to mention he told me to pay half of excuricular activities but if you add it all up it's more than my original agreement. My lawyer also failed to hear me when I told him I as under a doctors care, and "not feeling" too good and thinking the "as clear as I could be." Is there a process to ask that a higher authority look into this matter? Yes I agreed to the agreement, under duress again, but... the Judge who signed it has since been removed because of conduct issues...does this void my agreement or allow me any options? There is a temporary judge in place now.

The Judge removal has nothing to do with you.
"Duress" has a specific meaning that does not apply to what you have described.

You could complain to your state's Bar Association about your attorney, but I think your "arguments" are all non-starters. If you knew more about the legal system, you wouldn't be so surprised at the end result of your case. For instance, your child support payments are not figured in incremental percentages based on the time spent with kids: in other words, 50% time spent does not equal a 50% reduction in your CS.

 

[Just Blue]

The Judge removal has nothing to do with you.
"Duress" has a specific meaning that does not apply to what you have described.

You could complain to your state's Bar Association about your attorney, but I think your "arguments" are all non-starters. If you knew more about the legal system, you wouldn't be so surprised at the end result of your case. For instance, your child support payments are not figured in incremental percentages based on the time spent with kids: in other words, 50% time spent does not equal a 50% reduction in your CS.

OPs posting Hx is..interesting,

 

[tranquility]

But, no, an attorney is not required to disclose he worked with in the past, goes fishing with, sleeping with, married to or otherwise knows the opposing attorney.

 

[Silverplum]

But, no, an attorney is not required to disclose he worked with in the past, goes fishing with, sleeping with, married to or otherwise knows the opposing attorney.

For the completeness of the record: Nor with whom s/he GOLFS.


(Golf. )

 

[Ohiogal]

But, no, an attorney is not required to disclose he worked with in the past, goes fishing with, sleeping with, married to or otherwise knows the opposing attorney.

You sure about the three bolded? The first one can matter IF they worked together as partners or in the same firm (and not just office sharers) at the time OP's case was going through. The other two definitely matter. Google Judge Joy Malek Oldfield in Ohio -- she was caught in the backseat of a car with an attorney.

 

[tranquility]

You sure about the three bolded? The first one can matter IF they worked together as partners or in the same firm (and not just office sharers) at the time OP's case was going through. The other two definitely matter. Google Judge Joy Malek Oldfield in Ohio -- she was caught in the backseat of a car with an attorney.

Thank you for the correction. I overstated things a bit. I agree that if they were at the same firm at the time of representation, they would not be able to represent both parties. (We will avoid Chinese firewall discussion.) That would be a conflict of interest and is the main path I was thinking of here. That one of the attorneys represented the other party and could use that knowledge to harm the party. Here, that does not seem to be what is happening as I interpret the comment of the OP to say they were partners before, but were not during representation of either client. (A judge and an attorney is not the same thing as opposing council.)

Rule 1.7 Conflict of Interest General Rule

(b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless:

(1) The lawyer reasonably believes the representation will not be adversely affected; and

(2) The client consents after consultation. When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implications of the common representation and the advantages and risks involved."

Under the provisions of this section, a lawyer has a conflict of interest if his ability to represent his client could be "materially limited" by his responsibilities to another person or by his own interests. If a lawyer's relationship with another person or considerations for his own interests could interfere with the exercise of his independent professional judgment, or if it could cause him in any way to be less aggressive or zealous in the course of representing his client than he would be if the relationship or the personal interests did not exist, then the lawyer has a conflict of interest. In other words, a lawyer has a conflict of interest if there are factors, personal or professional, which might cause the lawyer, either consciously or subconsciously, to "pull his punches", so to speak, when dealing with opposing counsel or otherwise advocating his client's interest. Obviously, the attorneys involved in the representation and those who have a personal interest in the outcome of the litigation against the firm are the individuals best qualified, and perhaps the only individuals totally qualified, to make this determination in advance.

However:

No conflict created through kinship by blood or marriage between attorneys
QUESTION:

"A question has arisen concerning a possible conflict of interest I may have in handling criminal cases. My chief legal assistant, who is currently studying to take the Alabama bar exam, has a brother who is also the Chief Deputy District Attorney for this circuit. Although I have received an informal opinion from the local bar association that there is no conflict, I wish to receive a formal, written opinion on this matter.

My question is twofold:

(1) Is it a conflict for me to handle criminal cases while having an employee in my office whose brother is Chief Deputy District Attorney in the same circuit; and

(2) Would the situation change when this individual passes the Alabama Bar Exam and continues to work in my office?"

ANSWER:

It does not constitute a conflict of interest for you to handle criminal cases while at the same time employing the brother of the Chief Deputy District Attorney in your law office. This would be true regardless of whether your employee is a lawyer or a non-lawyer. Rule 1.8(i) of the Rules of Professional Conduct prohibits a lawyer related to another lawyer as parent, child, sibling or spouse from representing a client in a representation directly adverse to a person represented by the related lawyer. As the Comment to this rule indicates, the disqualification is personal and is not imputed to a member or employee of the firm with whom the lawyer is associated.

So, marriage is clearly out. (Unless communicated and agreed to by client.
Rule 1.8

(i) A lawyer related to another lawyer as parent, child, sibling or spouse shall not represent a client in a representation directly adverse to a person who the lawyer knows is represented by the other lawyer except upon consent by the client after consultation regarding the relationship.

"Sleeping with" would depend.

 

[TheGeekess]

I'm in Alabama and I feel that I have been played by the system. I got divorced, signed an agreement then a year later was back in court by my "X" for a modification. My lawyer, and my X's lawyer used to work together. This was unknown to me at the time I settled in 11/11. Should I have been told this? If I had known I would have changed lawyers. The agreement I signed is riddled with obvious "catch 22's" that should have been resolved if my lawyer was looking out for me. My agreement is so tainted with things I didn't understand at the time. For example, we deviated from the child support payment amount to a lesser amount because of time I have with my child. Yet if you look at the amount of time as a percent the percent reduction isn't any where close that dollar amount not to mention he told me to pay half of excuricular activities but if you add it all up it's more than my original agreement. My lawyer also failed to hear me when I told him I as under a doctors care, and "not feeling" too good and thinking the "as clear as I could be." Is there a process to ask that a higher authority look into this matter? Yes I agreed to the agreement, under duress again, but... the Judge who signed it has since been removed because of conduct issues...does this void my agreement or allow me any options? There is a temporary judge in place now.

Nope. Bet they went to the same college, too.