Unethical lawyer practice?

[JKBee]

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

When my son went to an attorney for his divorce/child custody representation, he told this lawyer, which he did hire, that he was really wanting another lawyer but couldn't find him. Is this unethical practice for his current lawyer not advising him that the lawyer he wanted was indeed still practicing in the area? Should his current lawyer have told my son how to contact the lawyer he was really wanting to represent him? The only contact phone number my son found for the lawyer he wanted was not a working phone number. Evidently the phone book my son was looking at was an outdated phonebook and did not have the current phone number. My son mentioned that he suspected this lawyer had retired since he did not have a phone number he could find for him. This lawyer had represented me in a nasty divorce/child custody issue about 25 years ago, so it wasn't unfeasible that he had retired.

Today he found that the first lawyer had not retired and was still in practice. My son was surprised that his current lawyer had not referred him to this lawyer when he specifically asked if my ex-lawyer was still practicing and was available. They are both in the same county and work out of the same courthouse.

Did his lawyer have any obligation to inform him about this other lawyer when he was specifically asked about my ex-lawyer?

 

[tranquility]

No. I know of no ethical duty to do what you propose.

 

[HomeGuru]

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

When my son went to an attorney for his divorce/child custody representation, he told this lawyer, which he did hire, that he was really wanting another lawyer but couldn't find him. Is this unethical practice for his current lawyer not advising him that the lawyer he wanted was indeed still practicing in the area? Should his current lawyer have told my son how to contact the lawyer he was really wanting to represent him? The only contact phone number my son found for the lawyer he wanted was not a working phone number. Evidently the phone book my son was looking at was an outdated phonebook and did not have the current phone number. My son mentioned that he suspected this lawyer had retired since he did not have a phone number he could find for him. This lawyer had represented me in a nasty divorce/child custody issue about 25 years ago, so it wasn't unfeasible that he had retired.

Today he found that the first lawyer had not retired and was still in practice. My son was surprised that his current lawyer had not referred him to this lawyer when he specifically asked if my ex-lawyer was still practicing and was available. They are both in the same county and work out of the same courthouse.

Did his lawyer have any obligation to inform him about this other lawyer when he was specifically asked about my ex-lawyer?

**A: are you serious?

 

[JKBee]

Is this your opinion or do you actually know the WA law? I am not trying to lessen the value of your post, but I would really like to know the ethics that apply here in WA. Are they different in different states? All I know is that if a lawyer is licensed to practice in one state, that does not mean this lawyer can practice in other states without court approval, or something along this line. Is this the same in this situation?

 

[HomeGuru]

Is this your opinion or do you actually know the WA law? I am not trying to lessen the value of your post, but I would really like to know the ethics that apply here in WA. Are they different in different states? All I know is that if a lawyer is licensed to practice in one state, that does not mean this lawyer can practice in other states without court approval, or something along this line. Is this the same in this situation?

**A: no it is not.

 

[JKBee]

If I weren't serious here, why would I bother posting this? I value the majority of advice on this forum and am extremely serious.

Is this something that makes everything fair in love, war, and legal representation?

 

[Proserpina]

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

When my son went to an attorney for his divorce/child custody representation, he told this lawyer, which he did hire, that he was really wanting another lawyer but couldn't find him. Is this unethical practice for his current lawyer not advising him that the lawyer he wanted was indeed still practicing in the area?

Absolutely not. The current attorney has neither a legal nor ethical obligation to provide any information at all about another attorney.

Should his current lawyer have told my son how to contact the lawyer he was really wanting to represent him?

The lawyer is not your son's clearinghouse - if your son couldn't find who he wanted, the new attorney isn't obligated to either locate the other attorney on your son's behalf or offer contact information. Why would he be?

Today he found that the first lawyer had not retired and was still in practice. My son was surprised that his current lawyer had not referred him to this lawyer when he specifically asked if my ex-lawyer was still practicing and was available. They are both in the same county and work out of the same courthouse.

Did his lawyer have any obligation to inform him about this other lawyer when he was specifically asked about my ex-lawyer?

None whatsoever.

(I'm still not sure why you think he would be obliged?)

ETA: Just to remind you, though I'm not an attorney I am located in Washington State.

 

[Proserpina]

Is this your opinion or do you actually know the WA law? I am not trying to lessen the value of your post, but I would really like to know the ethics that apply here in WA. Are they different in different states? All I know is that if a lawyer is licensed to practice in one state, that does not mean this lawyer can practice in other states without court approval, or something along this line. Is this the same in this situation?

Help me out here.

How does this question relate to the matter of one attorney not volunteering information about another attorney?

 

[JKBee]

Probably nothing. I am just confused here as I would have been honest enough to tell my son what he asked if it were I.

Honesty must not be something expected from lawyers, though.

What seems to be an honest answer to me was my question about the ethics.

This may not make sense to you, and I am so tired it probably won't make sense to me if I read it tomorrow.

I did honestly want to know the ethics of this, though.

You do usually have some good points and I do listen to them, dogmatique. Nice to know you're a Washingtonian.

 

[Proserpina]

Probably nothing. I am just confused here as I would have been honest enough to tell my son what he asked if it were I.

Honesty must not be something expected from lawyers, though.

What seems to be an honest answer to me was my question about the ethics.

This may not make sense to you, and I am so tired it probably won't make sense to me if I read it tomorrow.

I did honestly want to know the ethics of this, though.

You do usually have some good points and I do listen to them, dogmatique. Nice to know you're a Washingtonian.

Look on it as a business transaction, keeping ethics out of it.

Lawyer A has Bob Customer in his office. Bob Customer will hire Lawyer A, but has expressed that he would actually prefer to hire Lawyer Z who he can't locate.

I'm not sure it would be wise to expect Lawyer A to inform Bob Customer of Lawyer Z's location - doing so would result in Lawyer A losing his client.

It's probably oversimplified but you get the point

It's business.

(fwiw I live in WA but I'm actually British.... )

 

[JKBee]

It seems like honesty should be required when a lawyer is asked a direct question, even if it does make it so that he is only paid for one office call.

The really frustrating part of all this is that his lawyer is not doing anything at all about child support. In the four months he has had custody of the children, he has gotten no child support at all. He has gone to his attorney three times and I have asked him twice about it. All his attorney says is that he has filed for it. There has been no paperwork sent to my son accordingly, and after the last three months with no support, my son is hurting badly financially. I know that my ex-lawyer would have been on top of this. When I talked with him today, that was one of his first questions, why child support hadn't been asked for. Since I am having to foot the bill for this attorney, I am getting more than frustrated, also.

So I guess my real complaint is about the lack of child support and not feeling this attorney is doing the job he is charging for.

 

[Proserpina]

It seems like honesty should be required when a lawyer is asked a direct question, even if it does make it so that he is only paid for one office call.

The really frustrating part of all this is that his lawyer is not doing anything at all about child support. In the four months he has had custody of the children, he has gotten no child support at all. He has gone to his attorney three times and I have asked him twice about it. All his attorney says is that he has filed for it. There has been no paperwork sent to my son accordingly, and after the last three months with no support, my son is hurting badly financially. I know that my ex-lawyer would have been on top of this. When I talked with him today, that was one of his first questions, why child support hadn't been asked for. Since I am having to foot the bill for this attorney, I am getting more than frustrated, also.

So I guess my real complaint is about the lack of child support and not feeling this attorney is doing the job he is charging for.

This is your SON'S legal matter. If you are not satisfied with the attorney, hire someone else. Don't hold the attorney responsible if your son wasn't able to locate his first choice.

 

[JKBee]

Yes, its his legal matter, but its my money. Without child support, I am having to support them financially. It would be nice to hire someone else, but it took all my savings to get this one on retainer. If it were just my son, he could pretty much get whatever. But my granddaughter is involved here, and that makes it different for me. I am on disability, my husband has just had to apply for disability, and in the last two years floods have made us evacuate and then we have lost so much of what we owned. And we have had to repair our home afterwards. There just isn't any more money.

It was my mistake to take this lawyer at face value. I feel he has two faces, and I don't like either of them. But this just means you can't get too old to learn.

It just seems unethical to not answer a question when asked, especially in this field.

 

[Proserpina]

Yes, its his legal matter, but its my money. Without child support, I am having to support them financially. It would be nice to hire someone else, but it took all my savings to get this one on retainer. If it were just my son, he could pretty much get whatever. But my granddaughter is involved here, and that makes it different for me. I am on disability, my husband has just had to apply for disability, and in the last two years floods have made us evacuate and then we have lost so much of what we owned. And we have had to repair our home afterwards. There just isn't any more money.

It was my mistake to take this lawyer at face value. I feel he has two faces, and I don't like either of them. But this just means you can't get too old to learn.

It just seems unethical to not answer a question when asked, especially in this field.

I know you are funding your son's case. That wasn't in dispute.

It does not change the bottom line - this is not your legal matter. Paying for his attorney does not give you any legal rights in this situation.

(other than the right to fire the attorney and hire someone else)