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I have a question about a conflict that a lawyer has in a case…

I have a question about...
I have a question about a conflict that a lawyer has in a case that I've initiated.
My ex-wife's boyfriend is accused of sexually abusing my four-year-old daughter while he was babysitting her. I went to court to get temporary custody of my daughter and received most of what I asked for. One of my concerns is that my ex used men she had just recently met online to babysit our daughter.
I just learned from a mutual acquaintance (of my ex and myself) that the lawyer who represents my ex is one of the men that my ex has had babysitting our daughter. I emailed him a simple question of whether or not this is true. He is not responding.
Suggestion?
Thanks!
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Answered in 21 minutes by:
11/9/2014
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,909
Experience: Licensed experienced Attorney
Verified
Hello. My name is ***** ***** I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Do you have any actual evidence that the lawyer who is representing your ex had any personal relationship with your ex or the minor child?
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Customer reply replied 3 years ago

The attorney replied since I posted my question. The answer was:


Mr. Keim,


Your question is both irrelevant and inappropriate.


Very truly yours,


(name of attorney)

Dear *****,

I am sorry to hear about this unfortunate situation.

Do you have any actual evidence that the lawyer who is representing your ex had any personal relationship with your ex or the minor child?
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Customer reply replied 3 years ago

Just hearsay. I have not asked my daughter if he babysat her, but when he came to my door to deliver responses ( a am representing myself), she recognized him, and I could ask her.

Dear *****,

Thank you for your follow up.

Generally it might be possible to file a Motion to disqualify attorney for the other side due to the potential conflict of interest, but it would require some type of clear evidence that the conflict exist and unfortunately, any statement from a 4 year child would not be admissible in court.

Also a formal complaint against the lawyer can be filed with California State Bar, but once again, it would be important to have at least some evidence of the lawyer's wrongdoing. Here is the link where a complaint against California attorney can be filed:

http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx

I wish you the best of luck!
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Customer reply replied 3 years ago

Isn't her attorney obligated to give me a clear answer?

Dear *****,

No. Not at all.

This attorney has no professional duty to you and does not have to answer to any of your questions, since he is representing the other side and has to do what is in the best interest of his client.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,909
Experience: Licensed experienced Attorney
Verified
Alex J. Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Dear *****,

Do you have any related follow up questions?
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Alex J. Esq.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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