JustAnswer > Family Law
Ask A Question|Register|Login|Help
JustAnswer

Family Law
Ask a Family Law Question, Get an Answer ASAP!

Have your own Family Law question?

7 Lawyers are Online Now
characters left:
Not a Family Law Question?
Bookmark and Share

Question

I am plaintiff pro se in civil/custody matter that was transferred to juvenile court 11/08 - defendant's atty withdrew recently....now defendant has hired a new attorney and just so happens to be the same atty who represented my current husbands exwife in a custody modification case they had recently - this to me, is an extreme conflict of interest..my ex knows this and actually used this same atty as a "witness" for the current guardian ad litem for our daughter to interview during her investigation--of course this atty had nothing but slander and negative statements and false accusations about myself and my current husband. So now he has successfully put trial off which was supposed to occur next week - and it has been continued. The Judge will not know this conflict. I need to file a complaint....please help.

Submitted: 279 days and 14 hours ago.
Category: Family Law
Value: $15
Status: AWAITING CUSTOMER ACTION
+
Read More

Optional Information

Loganville, Georgia

Already Tried:
nothing yet - want to file motion of conflict - to notify the Judge of this conflict b/c she won't know...please help. What is proper name of complaint/motion/petition to file for this?

Posted by JPEsq. 279 days and 14 hours ago.

Answer

Actually, you wouldn't file anything with the Judge. Attorneys determine for themselves if there is a conflict of interest, and withdraw if there is one.

 

Your remedy is to file a complaint to the disciplinary commission of the GA State Bar Association. www.gabar.org

 

or you can call XXX-XXX-XXXX ext 720 and tell them you want to file a disciplinary complaint.

 

Please note that I am not recommending this or saying I think the lawyer has done anything unethical, I am just telling you how you would file a complaint should you desire to do so.

 

 



Edited by JPEsq. on 2/17/2009 at 7:34 PM

279 days and 13 hours ago.

Reply

OK so a letter to that attorney would suffice, asking her to withdraw, reminding her of the conflicts of interest - copy the Judge's clerk?

Answer

I would send a letter to the attorney, I would not copy the Judge. If the lawyer refuses, then you file a disciplinary complaint with the State Bar. Like I said, the Judge can't kick the lawyer off the case, its not in his power to do so. This is between you, the lawyer, and the disciplinary commission.

Picture
Expert: JPEsq.
Pos. Feedback: 99.0 %
Accepts: 
Answered: 2/17/2009

Lawyer

Published articles on family law, featured in several publications for successful trial work.

279 days and 12 hours ago.

Reply

State Bar just told me that the court has to decide if there is a conflict and that they do not have jurisdiction over that matter...they said that yes, initially, the lawyer is supposed to inquire during a consultation/interview with the new client to determine IF there would be a conflict - but at this point the atty "knows" there is potential but signed anyway - so apparently I have to send notice to the Judge

Posted by JPEsq. 279 days and 12 hours ago.

Info Request

I'm going to opt out because this is totally backward from the process that I am familiar with... and I do not want to give you wrong information. Please do not accept my answer and another expert will assist you shortly.

 

277 days and 19 hours ago.

Reply

You are saying to "not" accept your answer so I have not...but you said another atty would answer my question and I have not received another answer yet. At any rate, I just sent the Judge a letter of the possible conflict and then filed an ER motion for hearing.

Posted by JPEsq. 277 days and 19 hours ago.

Info Request

Sorry... that is a form letter that goes out from JustAnswer. Didnt mean for you to accept.

 

Sorry your question was not answered. Good luck.



Edited by JPEsq. on 2/19/2009 at 2:46 PM

+
Read More

Related Family Law Questions

  • my divorce is being contested because my spouse thought he
  • My exhusband works at the high school where our two sons att...
  • Does the pregnant mother have the rights to move while pregn...
  • I have health benefits paid by my emplloyer. Is that adding
  • what are my rights as a parent if i move to ky from il while
  • my ex-girlfriend left with my unborn child to north carolin...
  • What are the New York State Laws on maintenance and child
  • I have a 13 mo daughter whose father has never seen her. We



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2009 JustAnswer Corp.