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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Family Law
Satisfied Customers: 1628
Experience:  Experienced, and knowledgeable family law attorney.
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Is it legal attorney to discuss legal issues with

Customer Question

hi is it legal for an attorney to discuss legal issues with minor children like parenting plans and visiting issues without or with the custodial parents consent.
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you. I'd like some more information to help you.
Is this attorney representing a party, i.e. one of the parents? Which party does the attorney represent? Whose children was the attorney talking to? Is the attorney a guardian for the children? What were the circumstances under which the discussion took place?
Thanks for your help. Once I get your response I'll get back to you as soon as I can. Keep in mind I may NOT be online at the moment you respond, so there may be a delay waiting for me to return to your question.
Best wishes,
Shuband
Customer: replied 2 years ago.
The attorney is representing the custodial parent which is the mother to which there is an ongoing custody issue and parenting suit right now . The ncp also has an attorney which is my husband (he does not have any custody rights )only visitation . The attorney in question is talking to the kids that they both share . At the last hearing the Judge did not think the 2 minor kids - ages 11 and 17 required guardian at litem either as both parties have own legal reps . he asked for a final hearing in July and a final parenting plan to be done between both partied and lawyers with a visitation worked out . The lawyerr in question has asked the children for their schedules and has submitted it within the 5 day presentation order if there were objections . the mother which has custody has not signed this nor is there a witness to this letter . I feel and so does the father of the children that this a an unethical practice of discussing legal matters with minors . The preliminary Interm order said the kids were to be with the ncp for 8 weeks this sumner beginning June 7 - July 26 2015 . The parenting plan also states that no adult legal issues financial or medical is to be discussed in front is minor children I for the life of me do not know why the attorney is discussing legal issues( with my step kids and he is sending this into the court for reason again my husband can not see his kids for the summer due to his 7th grade Rec foot ball practice . Is this unethical and can we report him to the Wva state bar ? . I have attached it . I hope it comes through . Dave is the lawyer .Shawna is the daughter and Stephen is the son (12) and the mother ( Lisa Boggs) did not sign and why my step daughter and the attorney is heading this all up is insane ludicrous thanks for anything jean Vreyens.
Expert:  S. Huband, Esq. replied 2 years ago.
Thanks for the clarification. I don't think there is an ethical issue here.
An attorney is forbidden from speaking to another party who is represented. So your husband's attorney can't speak to the mother, assuming she has an attorney, without that attorney's permission. However, the children are not a party, although obviously the whole lawsuit is effectively about them.
The court order (I'm guessing here) forbids the parties from discussing legal, financial or medical issues in front of the children. But that prohibition most likely does NOT include other people, including an attorney. The court wouldn't have the legal authority to put that in a parenting plan or temporary order. The court would have to issue a gag order to prevent an attorney from talking to the children.
I agree with you, this is uncomfortable and seems a bit weird. The problem is whether or not it's unethical. I don't think so.
Check out this page for more information:
http://www.wvbar.org/public-information/lawyer-disciplinary-board-faq/
At the bottom there is a phone number. You might make a call and ask whether or not the attorney's actions violate the WV ethics rules.
I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.
Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.
Best wishes to you,
Shuband

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