Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am in litigation with my sister regarding my Mothers

Customer Question
death. My sister took my...
I am in litigation with my sister regarding my Mothers death. My sister took my Mother with no one's knowledge from her nursing home to a poorly run one up North, She died within 3 weeks from neglect. Then my sister hid the body from us and would not tell us where she was buried. We were not notified or invited to funeral which by the way was not the burial place choice of her choosing.I finally found out from coroner where her body was and cause of death. She had a massive untreated infection and died within hours of admittance to hospital.
Anyway I have been upset and have sent several emails to my sisters lawyer instead of going through my lawyer. I did not threaten him but i did say I thought my sister was unbalanced (for abducting my Mom and hiding her whereabouts etc)and needed help. I also said he had mishandled my brothers trust ,,, another issue. I said I could charge him with misconduct. He has also accused (falsely) my niece of forging checks on my moms account. That is a total fabrication to discredit my niece. So anyway I have been sending these emails but have stopped now. Am I in any legal trouble for writing them? I am really worried as my sister has a history of litigation and retaliation. She also belongs to weird religious cult. I am sort of scared of her. Can lawyer charge me with harassment????Im very worried about repercussions of my emails. Other family members have written also. I am very upset. Thank you
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
8/4/2016
Family Lawyer: LegalGems, Lawyer replied 1 year ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10,847
Experience: Experienced Family Law Attorney
Verified

I am very sorry to hear this and that is very sad about your mother.

If an individual has a valid complaint/concern, one can address that to the opposing side's attorney; normally the proper procedure is to have one's attorney make the presentation. The opposing attorney is not allowed to make contact unless the attorney authorizes direct contact (which is rare).

Here is the relevant professional rule:

Rule 2-100 Communication With a Represented Party

(A) While representing a client, a member shall not communicate directly or indirectly about the subject of the representation with a party the member knows to be represented by another lawyer in the matter, unless the member has the consent of the other lawyer.

(B) For purposes of this rule, a "party" includes:

(1) An officer, director, or managing agent of a corporation or association, and a partner or managing agent of a partnership; or

(2) An association member or an employee of an association, corporation, or partnership, if the subject of the communication is any act or omission of such person in connection with the matter which may be binding upon or imputed to the organization for purposes of civil or criminal liability or whose statement may constitute an admission on the part of the organization.

    (C) This rule shall not prohibit:

    (1) Communications with a public officer, board, committee, or body; or

    (2) Communications initiated by a party seeking advice or representation from an independent lawyer of the party's choice; or

    (3) Communications otherwise authorized by law.

      Discussion:

      Rule 2-100 is intended to control communications between a member and persons the member knows to be represented by counsel unless a statutory scheme or case law will override the rule. There are a number of express statutory schemes which authorize communications between a member and person who would otherwise be subject to this rule. These statutes protect a variety of other rights such as the right of employees to organize and to engage in collective bargaining, employee health and safety, or equal employment opportunity. Other applicable law also includes the authority of government prosecutors and investigators to conduct criminal investigations, as limited by the relevant decisional law.

      Rule 2-100 is not intended to prevent the parties themselves from communicating with respect to the subject matter of the representation, and nothing in the rule prevents a member from advising the client that such communication can be made. Moreover, the rule does not prohibit a member who is also a party to a legal matter from directly or indirectly communicating on his or her own behalf with a represented party. Such a member has independent rights as a party which should not be abrogated because of his or her professional status. To prevent any possible abuse in such situations, the counsel for the opposing party may advise that party (1) about the risks and benefits of communications with a lawyer-party, and (2) not to accept or engage in communications with the lawyer-party.

      Rule 2-100 also addresses the situation in which member A is contacted by an opposing party who is represented and, because of dissatisfaction with that party's counsel, seeks A's independent advice. Since A is employed by the opposition, the member cannot give independent advice.

      Here is the code that addresses harassment - it requires a person to be placed in fear of harm -

      646.9. (a) Any person who willfully, maliciously, and repeatedly
      follows or willfully and maliciously harasses another person and who
      makes a credible threat with the intent to place that person in
      reasonable fear for his or her safety, or the safety of his or her
      immediate family is guilty of the crime of stalking, punishable by
      imprisonment in a county jail for not more than one year, or by a
      fine of not more than one thousand dollars ($1,000), or by both that
      fine and imprisonment, or by imprisonment in the state prison.

      So any future communication should be through one's lawyer, as a matter of protocol; for past communications, harassment elements are not met.

      Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned5 stars *****as I strive to provide my customers with great service.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
      Ask Your Own Family Law Question
      Family Lawyer: LegalGems, Lawyer replied 1 year ago

      That code is here:

      http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.2

      Ask Your Own Family Law Question
      Customer reply replied 1 year ago
      you don't think he has grounds to file charges against me? Also I mentioned I was afraid of my sister because she has guns and gave one to my Mom who was senile to protect herself. They are very crazy and I am so afraid. But I never threatened anyone was just angry with situation and abduction of my Mom and gun situation. They believe in Armageddon or such events so have guns and house has wood burning stove and is equipped to run without electricity or water. I also asked the lawyer how he slept at night (knowing he represented such a terrible person). I said my sister was mentally ill ... can she sue me for slander even though she is very sick.
      Customer reply replied 1 year ago
      Did this message go through?
      Customer reply replied 1 year ago
      I'm afraid she is going to sue me for slander or for saying something about her religion. I am just sick over this. I have not seen my sister since 1989 and not talked to her since 2005.
      Customer reply replied 1 year ago
      In 2005 my died died and she did similar thing. Would not let ayone see or talk to him
      Customer reply replied 1 year ago
      The judge in the conservatorship hearing said she had serious concerns about my sister and imposed sanctions on her. She was not to be present or on premises if I visited my Mo in the new nursing home and she could not be present during amy family phone calls. Just made her install private line so we could apways reach my Mom because nursing staff was refusing all cals from family except Sharon (my sister)
      Family Lawyer: LegalGems, Lawyer replied 1 year ago

      If one stated a statement as a fact, and it is false, that can be slanderous; but generally statements made to an attorney during litigation are not pursued because most judges will not consider there to be the requisite damage- ie it was made to one's attorney, so it was not "published" to the public.

      If the judge had concerns re: one's mental health, and only an opinion was offered, that is not slanderous.

      Ask Your Own Family Law Question
      Ask LegalGems Your Own Question
      LegalGems
      LegalGems
      LegalGems, Lawyer
      Category: Family Law
      Satisfied Customers: 10,847
      10,847 Satisfied Customers
      Experience: Experienced Family Law Attorney

      LegalGems is online now

      A new question is answered every 9 seconds

      How JustAnswer works:

      • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
      • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
      • 100% Satisfaction GuaranteeRate the answer you receive.

      JustAnswer in the News:

      Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
      JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
      Web sites like justanswer.com/legal
      ...leave nothing to chance.
      Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
      Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
      I will tell you that...the things you have to go through to be an Expert are quite rigorous.

      What Customers are Saying:

      Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

      LeeMichigan

      Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

      Gary B.Edmond, OK

      My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

      EricRedwood City, CA

      I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

      MichaelWichita, KS

      PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

      Three H.Houston, TX

      Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

      ElaineAtlanta, GA

      It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

      TonyApopka, FL

      < Previous | Next >

      Meet the Experts:

      Ely

      Ely

      Counselor at Law

      11,844 satisfied customers

      Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

      LawTalk

      LawTalk

      Attorney and Counselor at Law

      9,025 satisfied customers

      30 years legal experience. I remain current in Family Law through regular continuing education.

      Dimitry K., Esq.

      Dimitry K., Esq.

      Attorney

      7,856 satisfied customers

      I provide family and divorce law advice to my clients in my firm.

      Tina

      Tina

      Lawyer

      6,562 satisfied customers

      JD, 17 years legal experience including family law

      P. Simmons

      P. Simmons

      Lawyer

      3,360 satisfied customers

      16 yrs. of experience including family law.

      Barrister

      Barrister

      Lawyer

      3,346 satisfied customers

      Attorney with 17 years experience

      RobertJDFL

      RobertJDFL

      Lawyer

      2,754 satisfied customers

      Experienced in multiple areas of the law.

      < Previous | Next >

      Related Family Law Questions
      A parent that was not married to his son's mother would like
      A parent that was not married to his son's mother would like to create parenting time/joint custody … read more
      Ely
      Ely
      Counselor at Law
      Juris Doctor
      11,844 satisfied customers
      Stepmother in CA identified herself s biological mother to
      Stepmother in CA identified herself s biological mother to hospital to get my granddaughter vaccinated against the biological mothers wishes. What if any law was violated and is hospital liable? … read more
      ScottyMacEsq
      ScottyMacEsq
      Doctoral Degree
      17,072 satisfied customers
      Can a mother with 5 kids be evicted this time of the year?
      Can a mother with 5 kids be evicted this time of the year? … read more
      Legal Eagle
      Legal Eagle
      Attorney
      Doctoral Degree
      5,853 satisfied customers
      What happens if a mother does not show up for a paternity
      what happens if a mother does not show up for a paternity hearing … read more
      INFOLAWYER
      INFOLAWYER
      Partner
      Doctoral Degree
      55,411 satisfied customers
      The mother of my daughter is getting ready to move out of
      Hello the mother of my daughter is getting ready to move out of state how can I start a perternity test without hiring a lawyer first? … read more
      lucy7368
      lucy7368
      Juris Doctor
      763 satisfied customers
      If the mother of two children has a court hearing in another
      If the mother of two children has a court hearing in another state to determine if she will be granted custody of her two kids but is 8.5 months pregnant and cannot travel at this time, does she have … read more
      Gerald, Esq
      Gerald, Esq
      Juris Doctor
      3,029 satisfied customers
      I moved in with a friend into her mother's basement. Have
      Hello, I moved in with a friend into her mother's basement. Have been there for almost 2 years. The family had a fight ...mother kicked out daughter but said I could stay. 48 hours later daughter says… read more
      Barrister
      Barrister
      Lawyer
      Doctoral Degree
      3,346 satisfied customers
      My grandsons mother is trying to be the custodial parent. My
      Hello my grandsons mother is trying to be the custodial parent. My son is trying to have joint custody she filed in court my son needs a lawyer … read more
      LegalKnowledge
      LegalKnowledge
      Juris Doctor
      27,443 satisfied customers
      The mother of my child is deasedminor do. Nio but the child
      Hi my Name is***** and the mother of my child is deasedminor do … read more
      LegalGems
      LegalGems
      Lawyer
      10,847 satisfied customers
      When my mother was 2 years old her mother passed away and
      When my mother was 2 years old her mother passed away and she was taken in and raised by another family. The new family raised her as their own and even gave her their last name. Unfortunately the nam… read more
      P. Simmons
      P. Simmons
      Lawyer
      Doctoral Degree
      3,360 satisfied customers
      My girlfriend and i are expecting and the mother is crazy,
      my girlfriend and i are expecting and the mother is crazy, she told my girlfriend that if she dosnt abort then she is going to live in hell and that she wont have a phone and wont be able to do anythi… read more
      lawyerJ
      lawyerJ
      Juris Doctorate
      125 satisfied customers
      Is a mother who lives with her daughter and son in law
      Is a mother who lives with her daughter and son in law considered a tenet an can that mother in law get a invection note to move out . In 30 days the daughter an son in law ask that mother to move in … read more
      LawGuy
      LawGuy
      Juris Doctor
      123 satisfied customers
      Situation: Relocation trial where mother left due to
      Situation: Relocation trial where mother left due to emergency circumstances.The mother lived with the father and children in Washington state and got the divorce from Washington state.She had to move… read more
      Dwayne B.
      Dwayne B.
      Juris Doctor
      28,480 satisfied customers
      Does a gran mother have the right for visitation with gran
      Does a gran mother have the right for visitation with gran sons? … read more
      RobertJDFL
      RobertJDFL
      Lawyer
      Juris Doctorate
      2,754 satisfied customers
      My mother passeda, My mother passed away in 1996 in Houston,
      My mother passed away in 1996 in Houston, Texas. At the time of her death, my father had an on-going relationship for many years with a woman and they had two children prior to my mother's death. About a year or so after my mother's death, I asked my dad whether or not he had married the woman who's children he had fathered. He replied that they did get married but would not give me the date of their marriage. If, in fact, they did not get what I call "officially married" or are, in fact, in a common law marriage situation, how can I find out one way or the other? … read more
      Attyadvisor
      Attyadvisor
      Doctoral Degree
      6,877 satisfied customers
      Not sure this is family law, but... Our mother is in the
      Not sure this is family law, but... Our mother is in the hospital and is not able to care for herself, speak, etc. and the doctor has given us a document stating this so that we can file to be her con… read more
      Lawyer Lori
      Lawyer Lori
      Attorney
      JD - Attorney
      187 satisfied customers
      Does my son's mother in Pinal, Does my son's mother (ex
      Does my son's mother (ex wife) in Pinal County need to formally evict him from home even though he paid no rent. He has belongings in the home. He is not beingnallowednin. … read more
      INFOLAWYER
      INFOLAWYER
      Partner
      Doctoral Degree
      55,411 satisfied customers
      My mother and father-in-law abducted my daughter for one
      My mother and father-in-law abducted my daughter for one full week. Violation of Penal Code 278 and 278.5. I wanted to get a restraining order so it didn't happen again but the judge turned it down st… read more
      TJ, Esq.
      TJ, Esq.
      Juris Doctor (JD)
      11,188 satisfied customers

      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).

      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).

      Show MoreShow Less

      Ask Your Question

      x