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JD
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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I have a divorce case in Texas. My wifes lawyer is abusing

Resolved Question:

I have a divorce case in Texas. My wife’s lawyer is abusing the system by making false claims, accusing me insulting my wife (with absolutely no evidence), send me directly and indirectly threats (I have emails showing these threats). As a result, I have been in courts for the last three years and I am not able to get even my visitation or phone call rights. I want stop that, is there a ground for a law suite, or a ground for a complaint to the Bar.
I need a clear answer YES and how or NO and why. Please do not respond if you can not give me one of these two answers.
Thank you
Submitted: 4 years ago.
Category: Legal
Expert:  JD replied 4 years ago.
Do you think the allegations were initiated by your wife or by the lawyer? Do you have evidence that shows this?
Customer: replied 4 years ago.

 

Both, but the lawyer is involved by providing the "legal" cover. So, my wife does not connect me with the children via phone, and the lawyer claims in the court that I insulted her. My wife interrupts my visitation with the children, and her lawyer says that the court orders say that I have to return the children even though clearly they do not. The lawyer sends me emails that if I do not return the children immediately (while I am not violating any visitations court orders), they will call the police and FBI!!

I have many evidence of her false claims. These emails are in forms of emails, or motions that they filed against me without legal ground. They ruined every single visit I made to my children, and I am not able to tolk to the children for the last three months.

Expert:  JD replied 4 years ago.

Clearly if an attorney makes false allegations and baseless threats toward you they should be reported to the Texas State Bar Association (http://www.texasbar.org/). I should warn you that many divorce cases result in complaints from adversary spouses, you will need to include clear evidence and copies of correspondence that demonstrate her unethical behavior. I strongly recommend you seek counsel before taking this step since it could expose you to liability for defamation if not properly substantiated. If local attorneys are turning you away, try another town.

 

You should not have to put up with continued harassment when exercising your visitation. I recommend you get this case back in front of the judge to clear up the nature and limit of communications that are allowed from your wife and her attorney. As long as you are following the court's orders, you will be fine. If they are acting in violation, a petition for contempt may be in order.

 

I hope this helps.

 

Please reply if I can help further.

 

________________________

Customer: replied 4 years ago.

First, if I filed a compaint with the Texas Bar, what category it should be under? Harrasement, false claims, what is it called? I need to have a direction in order to search in the Texas rules of Disciplinary Porcedures.

Second: If I want to sue the laywer, what exactly the legal term for this law suit, harrasement or what?

I have a lot of evidene, so they can not sue me for defamation. I just wnat to make sure that I do it right.

Expert:  JD replied 4 years ago.
I will be away for approximately 30 minutes. When I return I will be happy to answer your follow up questions.
Customer: replied 4 years ago.

I will leave the website open and wait for 30 minutes.

Thanks

Expert:  JD replied 4 years ago.

First - I cannot give you specific legal instructions in the state of Texas as we are not allowed to practice law on this site, nor am I licensed to practice in Texas. However, upon a quick check of the Texas Disciplinary Rules of Professional Conduct, there appears to be a full section on communicating with non-clients... the first section (4.01) is entitled "Truthfulness in Statements to Others"... that would probably be a great place to start your review.

 

http://www.texasbar.com/Content/NavigationMenu/Client_Assistance_and_Grievance/Texas_Disciplinary_Rules/Texas_Disciplinary_Rules.htm

 

 

Second - There are several possible claims that could exist upon a thorough review of the communications between this attorney and yourself. Honestly the list could go on and on. This is where you will want local counsel to help. I expect the attorney will claim any and all allegations she made originated from her client. This would virtually immunize her from liability unless you could demon state she knew of their falsity. However, misrepresenting a court order may expose her to some level of liability if damages could somehow be measured. This could amount to a misrepresentation or even intentional infliction of emotional distress claim.

 

I strongly recommend consulting a local lawyer before launching this attack. I understand it can be difficult in a small town, but try a neighboring town or city. You need some help here.

 

Please reply if I can help further.

 

________________________

JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience: Over 11 years in practice as a litigator ... civil and criminal
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