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Jack Schroder
Jack Schroder, Private Investigator
Category: Legal
Satisfied Customers: 22
Experience:  50 years experience
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lawyer representation

Customer Question

should I use my sister as my divorce attorney
Submitted: 11 years ago.
Category: Legal
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


It would be a conflict of interest (family interests). You can read more about it at the site below. Perhaps your sister can refer you to an attorney.


Conflict of interest - Wikipedia, the free encyclopedia


Please take care.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: it would have helped if there was any related information citing that situation. my wife is using her sister as her lawyer and it is greatly adversely affecting her case in a negative way and I wanted to give her some kind of independent point of view
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you very much for responding.


I'm sorry that I did not provide you with the appropriate information. However, I'm not certain now what you are asking for when you state "related information citing that situation" ????


I'm getting a bit confused here - Your original question did not ask for such information nor did it state that you wanted to give "her" some kind of independent point of view??????


I was under the impression by your original question that "you" are wondering if "you" should ask "your sister" to be "your" divorce lawyer - now you state it's "your wife" that is using her sister. It was misleading - but, no problem - Note however, that any and all information you can provide helps me to provide you with an appropriate legal response. I am more than happy to take the time to assist you. Thus, if you are so willing, please let me know exactly what you are searching for and I will get back to you.


Thank you kindly.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Customer: replied 11 years ago.
Reply to The Mystic Wave's Post: My concern is that my wife is using her sister for her divorce lawyer. I wanted to know if there is any information that can be provided that would suggest that this is not a good thing for her. I do not think her sister is giving her unbiased clear advice. Her sister is disregarding her wishes to do what she thinks should be done instead of her client(my wife). Example, she had her sign blank documents and then filled them in and never previewed them with my wife, the first time my wife saw them was when I brought my served papers to her and showed her them. I want to somehow show her this is not good, for the sake of any relationship we can salvage, I would also like to know if anything can be done to her sister whom I believe is being unethical(one of the blank documents was for a restraining order that my wife clearly has stated to her that she does not need or want but her sister is trying to harass and intimidate).

I will gladly pay much more than the measly $5 for good information.

Thanks, j
Expert:  The Mystic Wave replied 11 years ago.

Greetings:


Thank you for responding and wishing for me to further assist you. It's appreciated.


Please note that I'm not an attorney, thus I cannot specifically give you the points you so seek for this is something that you must discuss with another attorney, perhaps yours? I can tell you though that in such a case, one can file a MOTION TO EXCUSE ________(name of party - in your case, your sister in-law) DUE TO CONFLICT OF INTEREST.


The only thing that can be done with your sister in-law is for her to be excused from the case for which the Motion is the legal process and will so do if approved/ordered by the judge.


I do understand your concern, and I do feel that it is inappropriate for your sister in-law to be your wife's legal counsel in this particular case - simply, this is prejudicial.


An attorney can go into greater detail with you concerning such conflict of interest and if you so wish, prepare the Motion to Excuse.


I hope this has helped.


Bright Blessings.


Peace, Love & Happiness,


The Mystic Wave


Information provided herein is based on my 30 years experience as a legal secretary/paralegal in the State of California, with experience and knowledge in the State of Nevada. This information is not intended to substitute for informed professional legal advice from a practicing, licensed attorney.

Expert:  Jack Schroder replied 11 years ago.
A small matter, but the woprd to use in the form mentioned earlier is RECUSE, not EXCUSE.

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