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This shouldn't be ethical!!


lostwife

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So my husband went and filed with his lawyer.I knew he was going to go for this perticular lawyer,because she is unsrupulous. She was my brother in laws lawyer and after the divorce she marrried him. I feel her representing my husband is unethical. Her husband is my daughters godfather,she is my nephews stepmother, and her and I have hung out at the beach teaching my kids how to water ski. Isn't there some kind of code these people have to follow or it just doesen't matter what they do. I hope the guy I am hiring is a shark. He told me he knows her and is not affraid of her. I just don't want to get the raw end of the deal.

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Just because he knows his lawyer (and so do you) doesn't mean you will get the raw end of the deal, especially if you get yourself a good lawyer. Don't confuse your awareness/knowledge of her with that giving her an advantage.

 

The only thing i would advise is making sure that your kids don't talk to her or give her any private information about yourself and what you are doing with your lawyer. Keep the details of the divorce strictly between yourself and your own lawyer, and don't talk to the kids about it such that they might inadvertently pass info on to your ex husband or his lawyer. That is advice is would give anyone, not because you know her.

 

Also keep in mind that blood is thicker than water, so him going to his brother's wife who is a lawyer for representation makes sense... she probably won't charge him as much etc. So don't let this throw you or confuse you. Just meet with your own lawyer and follow his instructions.

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I'm not 100% but I'm pretty sure lawyers are allowed to represent people they know, even family members. It's not a conflict of interest because a lawyer is supposed to be on their clients side anyway, right?

 

Just try and get someone good yourself and don't be intimidated by the fact that she knows your family. That doesn't change anything about your divorce after all. And like lavenderdove said, make sure your kids aren't going to blurt out anything she could pick on.

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lostwife,

You are allowing what he is doing affect how you feel and conduct your life and your side of your divorce. Try and put all this stuff aside and focus only on what you need to do.

If the roles were reversed and you had a family member that was a divorce lawyer wouldn't you turn to them?

 

He can choose anyone he wishes to represent him unless they have been barred from practice.

 

Lost

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I am trying to find out about this too. My friend that works for a lawyer is looking into for me. My ex has her brother who is a lawyer sending me letters over some issues. if I find anything out I will let you know. If you have ever discussed any of your marital issues with her it may be an issue. I don't know how close the two of you are. I know her brother could not represent her in her divorce. He had his partner do it, because the ex husband had talked to him about the marital issues.

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I received my answer on this subject today. Unless you had extensive conversations about the break down of your marriage with her(confided in her and told potentially damaging information.) or it is a matter in front of criminal(spousal privilege, but this goes back to you telling her information) or any family court matter(Custody, etc.) It is not an ethics violation. Like in my case. we were not married, so everything is considered a civil matter. I have no spousal privileges, even though she has some rights because she lived here for a period of time. You have to love the laws. He can represent her, but I was told what I need to do to counter them. You need to ask your lawyer about this as even this varies state to state.

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