conflict of interestMy wife is being represented in our divorce by one of the attorneys that she works for. He is very uncooperative with m...

Question

conflict of interest

My wife is being represented in our divorce by one of the attorneys that she works for. He is very uncooperative with me and rude. I am trying to get the settlement agreement in place before the court date and he refuses to fax me information; refuses to talk to me on the phone; and is forever with getting me anything in the mail. I am representing myself in this divorce and feel he should be responding to me as a counselor to myself but he is not. He has actually told me that he will not fax me anything; he will not talk to me on the phone; I feel this is a conflict of interest because she works for him. I know of other people who represent themselves and the opposing lawyer cooperated fully. Do I have any legal direction to go on with this?

Answer

: conflict of interest

I am not sure it is a conflict of interest; it is however a conflict.

I do not know the reason your wife's attorney refuses to contact with you.

If you have a legitimate concern, you can contact me or contact the BBO.

Answer

Re: conflict of interest

I would need to know more about the reason for the court date. If it deals in any way with discovery or any disputed matter, then it would be malpractice for the attorney to allow his client to get the settlement agreement in place before then. If there is a dispute as to the terms of the agreement, then it should be addressed to the court. Insisting on acting on the record is not, in and of itself, a violation of any professional standard.

Your wife's attorney can only represent one of you in the divorce proceeding. if you are representing yourself, then he will take steps to avoid the appearance of giving you legal advice... generally, this means communicating with you in writing rather than informally. Court rules do not require documents or information to be transmitted informally (fax and phone) although this is common practice between attorneys; the rules speak only to mailing and in hand service.

If discovery deadlines are being ignored, you have the option under the rules to seek to compel. If your wife's attorney is violating any ethical rules, you have the option of presenting this to the court. If he is simply advocating his client's position (ie setting a court date for a reason) then there is not a legal issue; if however, the court dates are being set for no reason, the judge handling the matter will address this issue.

Best of Luck.

Answer

Re: conflict of interest

This is not really a conflict of interest, but it is shocking that the attorney is not cooperating with you. Keep a paper trail and tell the judge what is going on at the pre-trial.

I can't judge why there is no good relationship between you and that lawyer. But you are entitled to see documents if they are due pursuant to mandatory discovery or if you make a proper request. You can assert yourself by motion to the court.