I suspect with rather solid proof that my exwife is dating the lawyer she has retained. Is there a legal conflict of interest or violation from the bar association? Please help me bring this to justice if I have rights to.
2006-08-15 13:06:16 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I suspect with rather solid proof that my exwife is dating the lawyer she has retained. Is there a legal conflict of interest or violation from the bar association? Please help me bring this to justice if I have rights to. Please provide solid facts... links, RSA #, etc.
2006-08-15 13:08:17 · update #1
It's a conflict of interest in any state. However, it's also none of your business. Stop the juvenile sniping and bickering. If that's what she chooses to do and her lawyer uses her, who cares. She's not going to get a better deal because she screws him, trust me. The law is fairly straightforward and even he can't pull a rabbit out of a hat. Time to grow up and move on. She isn't worth it.
2006-08-15 13:13:12 · answer #1 · answered by J Somethingorother 6 · 0⤊ 0⤋
Most states, including (I think) Massachusetts, have enacted ethical codes based on the ABA Model Rules of Professional Conduct.
Under those rules, it is unethical (and grounds for disbarment), to have sexual relations with a client. The exception is if the personal relationship was already well established before the professional representation began. Specifically, Model Rule 1.8(j) states:
"A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced."
So, a lawyer can represent someone who is already their lover, but can't become lovers with someone who is a current client. Note, this says nothing about non-sexual social interaction.
There are Mass Bar ethics opinions that state "If an attorney enters into a sexual relationship with a client, the legal representation should be terminated immediately."
Again, the rules vary by state, so check your local listings. See below for (second link) for the Mass Bar website.
2006-08-15 22:47:07 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
there's no law against a lawyer forbidding him to date his client. it's unethical;but not illegal. And there's no conflict of interests unless you hire the same lawyer for yourself. Reporting this lawyer to the Bar Association would be fruitless because he didn't break any laws. Moreover they always protect their own. Much as you like, you have no leg to stand on, this. You could sue the lawyer for alienation of affection if he's having an affair with your wife,but that's a civil case.
2006-08-15 20:18:01 · answer #3 · answered by rosieC 7 · 1⤊ 0⤋
I know in NY it is a violation of ethics and assume the same exists in Mass
2006-08-15 20:21:13 · answer #4 · answered by aprilx4u 3 · 1⤊ 0⤋