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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2368
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Two months ago my wife filled for divorce. {Florida} one month

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Two months ago my wife filled for divorce. {Florida} one month ago she was diagnosed with brain cancer Glioma 1yr life expectancy. Their has been personality changes safety issues. Poor decision making. Irrational behavior. 1 child 17yrs. Divorce was for differences. Married 17yrs. I am in catch 22. Is her attorney acting ethically representing her? It apears to me she is very vulnerable. Their has been noticeable mental deteriation over the past year now comming to light with this recent diagnosis. We are both registered Nurses 33yrs. All our friends are mystified by these happenings. Is it okay for me to write letter to her attorney questioning the ethics involved in his representation of her? I feel he is using up all her savings. I am very concerned about safety issues with daughter. Thanks Frank XXX@XXXXXX.XXX

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

There is nothing wrong with you writing to the attorney, but if the attorney is acting unethically, I doubt that s/he would change his or her behavior based on your letter. Is there something specific that the attorney is doing that you believe to be unethical? The mere fact of representation would not be unethical, but creating unnecessary litigation to run up attorneys fees could be unethical.

Steven Kincaid :

The question of unethical behavior would also depend on the level of your wife's incompetence. If her personality has changed, but she fully understands the nature of her choices, it is probably not unethical for the attorney to abide by your wife's wishes.

Steven Kincaid :

The only rules of professional responsibility that apply in this case are as follows:

Rule 4-1.14 Client Under a Disability

(a) Maintenance of Normal Relationship.

When a client's ability to make adequately considered decisions in connection with the representation is impaired, whether because of minority, mental disability, or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client.

(b) Appointment of Guardian.

A lawyer may seek the appointment of a guardian or take other protective action with respect to a client only when the lawyer reasonably believes that the client cannot adequately act in the client's own interest.

Steven Kincaid :

You, too, may seek appointment of a Guardian on her behalf, however, the process is difficult and costly - it requires that you file a new court case for guardianship.

Steven Kincaid :

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