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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2174
Experience:  Practicing Attorney with 10 years experience
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Is it unethical atty to direct that at a block be

Customer Question

Is it unethical for an atty to direct that at a block be placed on opposing parents phone & child to not have contact until custody court date?There was no legal, court ordered statement of such. Attorney told child and my ex to block my number and that child was to have not contact until court date. Child stated was told in person and saw email from attorney. Ex sent a text stating no contact until court per his attorney so there is evidence of this direction by the attorney. Based on rule #1 of parenting plans for Tennessee the other parent is to have unimpeded telephone calls at minimum. Is this even legal for the attorney to do/disallow this access? Is it unethical? Should a complaint be filed? If so, what are expectations of impact?
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.
It is inappropriate and unethical for the attorney to do it but since he is not your attorney a complaint against him would not be considered. You can file a motion for sanctions in the ongoing family court case and a judge may consider it. Usually these sanctions are small fines assessed against the attorney.
Customer: replied 1 year ago.
Would a complaint be considered with the Board of Professional Responsibility (separate from the court)?1. File a motion for sanction with the court.
2. File a complaint with the Board of Professional Responsibility on the ethical side on her as an attorney.
Expert:  Asad Rahman replied 1 year ago.
I am not sure the Board of professional responsibility would entertain a complaimt from someone other than the attorney's actual client.
Customer: replied 1 year ago.
I have proof in a text from him and if my daughter testified to seeing an email and that she was told would that then warrant and validate a complaint? Seems if totally unethical then others need to know and the attorney should be held accountable and punished.
Expert:  Asad Rahman replied 1 year ago.
Based on that, I think it is worth pursuing with the Ethics board. Also filing the motion for sanctions is a good idea.