case law where one spouse uses his ex wife's divorce attorney

While it is common and even preferable for a divorcing couple to utilize the same attorney in mediation, there are clear guidelines that generally prevent one spouse from hiring the other spouse’s former attorney in a trial divorce case. The american Bar Association (ABA) Rules of Professional Conduct (RPC) rule 1.7 states:

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Can a lawyer file a motion to remove an ex spouse?

Oct 25, 2019 · Divorce. While it is common and even preferable for a divorcing couple to utilize the same attorney in mediation, there are clear guidelines that generally prevent one spouse from hiring the other spouse’s former attorney in a trial divorce case. The american Bar Association …

Is your ex-spouse harassing you through the legal system?

May 27, 2010 · No it cannot. Your old attorney cannot represent your husband unless you have waived any conflict of interest. I suggest you contact your old attorney and remind them that they represented you. Perhaps they forgot.

Can a spouse pay for a divorce attorney’s fees?

If a spouse does not qualify for a full or partial award of attorney’s, there is still another option to make paying divorce attorney’s fees feasible. A spouse can petition the court to receive an advance on their portion of equitable distribution in the beginning of a divorce case to pay for …

Is there evidence against my ex-spouse?

Apr 10, 2020 · A party who uses community property or quasi-community property to pay his or her attorney’s retainer for fees and costs under this provision shall account to the community …

Can you sue your ex wife after divorce?

Can I sue my husband's ex wife for emotional distress?

Can you sue your ex husband after divorce?

How do you deal with a vindictive husband in a divorce?

Can you sue your ex for pain and suffering?

Can you sue for marital interference?

Can a judge change a divorce agreement?

How long after divorce can you claim?

Can you sue someone for lying?

How do you fight a narcissist in a divorce?

When your spouse lies during divorce?

How do you deal with a liar in a divorce?

Does a good marriage end in divorce?

Although it may be true that “no good marriage ends in divorce,” it is just as true that the worthwhile process can be a strain both emotionally and financially. Not only are you dividing your assets, but each of side will have attorney’s fees for just about everything the divorce involves.

What is bad faith in divorce?

BAD FAITH/FAULT: A judge will also sometimes award attorney’s fees based not on the financial status of the party but on the basis of fault. Sometimes one side in a divorce case will engage in bad faith behavior that causes a case to drag out unnecessarily, causing the innocent spouse’s attorney’s fees to increase unfairly.

What is child custody?

Child Custody. Including enforcement or modification of support or custody orders. When a divorcing couple’s financial situation is not completely one-sided, courts will sometimes order the spouse with a larger income to pay a percentage of the other party’s attorney’s fees in proportion to each spouse’s income.

Lee Alan Thompson

Did you have an attorney? If not, no, it's malpractice. It may rise to the level of a disciplinary complaint but I would go there without speaking to an attorney first. Some of what you are complaining about could have been handled at the deposition or at trial.#N#More

Peggy M. Raddatz

You should have been represented by counsel. You cannot sue a lawyer who never worked for you.

Kristen Prata Browde

You have just learned why litigating pro se against a party represented by an attorney is a problem. You should have dealt with these issues at the time. You can't sue for malpractice: the attorney didn't work for you. Whether you have other options would require a detailed discussion, which you should have with a local attorney.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

Do divorce lawyers charge by the hour?

Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

Is a retainer a cost of divorce?

A not-so-fun fact: the initial retainer fee does not equate to the actual cost of handling a divorce matter. A retainer is only an initial advance on work undertaken by the attorney. Some lawyers will take advantage of a common misunderstanding that they are paying for the whole enchilada by trying to hook people with a low, low retainer fee, and then filling up your mailboxes with invoices once the time the retainer represents has been used up.

Can you record your spouse without their consent?

Although recording your spouse or children may seem like a good way to gather evidence for your case, the reality is that clients must be extremely cautious when doing so, or risk criminal repercussions. In most circumstances, it is unwise to record another person without their explicit consent.

Is Massachusetts a two party consent state?

Accordingly, it is essential to understand the intricacies of each state. For example, though Massachusetts may be considered a “two-party consent state,” the Massachusetts Wiretap statute is specific in that it only prevents “secret” recordings and does not explicitly require consent from multiple parties.

Can a divorce case be reopened?

Courts are hesitant to reopen a case, so it's best to make sure you’re getting complete financial information during your divorce. If you’re faced with post-divorce property issues, you should speak with a local family law attorney for advice on reopening your case.

Can a divorce cause buyer's remorse?

Many spouses experience buyer’s remorse after a divorce. For example, maintaining a family home may become too expensive, or the car one spouse wanted so badly may die a few weeks after the divorce decree arrives in the mail.

What is marital property?

marital property—property that’s acquired during the marriage, but not acquired by either spouse as a gift or an inheritance. Marital property is divided in a divorce. separate property —property acquired individually before or after the marriage and any assets acquired by either spouse as a gift or inheritance.

Is property divided in divorce?

Marital property is divided in a divorce. separate property —property acquired individually before or after the marriage and any assets acquired by either spouse as a gift or inheritance. Spouses generally keep their separate property after a divorce.

What happens if you don't agree with a divorce?

If the spouses can’t agree, they’ll have to go to trial and ask a judge to make a property division order which is then incorporated into a divorce judgment.

How to resolve a divorce issue?

There are several ways to resolve post-divorce issues. First, you may want to try working things out directly with your ex-spouse. If that goes nowhere, your lawyer may be able to settle the problem by sending a few letters to your ex. You may also suggest mediation.

What is a written settlement agreement?

Once the spouses have agreed on the character, value, and division of property , they can memorialize their agreements in a written property settlement agreement (also called a marital settlement agreement). They will submit this to a judge who will incorporate it into a final divorce judgment. If the spouses can’t agree, they’ll have to go to trial and ask a judge to make a property division order which is then incorporated into a divorce judgment.