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Good morning. I'll be assisting you with your question.
Exactly what information are you looking to get?
One thing that you have to keep in mind is that ANY communication between a client and a lawyer is protected by the attorney client privileged.
ok but if i am suspecting him or her taking advantage of a mental state what can i do?
What do you mean by her mental state? Is she incapacitated in some way, or just emotionally upset?
fully fuctional but not making any sense on the accusations or listening to rational explanations.
These are very difficult issues to deal with, considering the strength of the attorney-client protection. There are two basic ways to deal with this, and you may have to do both:
First, you can let the litigation process take care of the lies. Essentially, you litigate the case normally and address all of the misinformation in court. If she's lying, the judge will see that and, ultimately, it will help you in the case because it will cause her to lose credibility with the judge.
Second (and you may have to wait until the case is litigated), you can bring the attorney up before the state bar grievance committee. That committee will hear your accusations and make a determination whether the attorney violated his ethical duties.
If they do, then they can, among other things, order the attorney to refund a portion of his fee.
You can file a complaint here: http://www.texasbar.com/AM/Template.cfm?Section=Filing_a_Complaint
we are married can see what he is charging...her
No. That is protected.
If you are still sharing a bank account, you can look at your bank records and see what she's paying the lawyer. But, you can't get that information directly from the lawyer himself.
if i hire a lawyer can i stop her from wasting her money and stop investigating the claims she is making.. i honestly want to protect her
A lawyer can't prevent another lawyer from investigating his case. There isn't much that can be done to stop him before he investigates. The most you can do is handle it on the back end after the case is over through the grievance committee. While you may know that the allegations are absurd, a judge won't. As such, a judge will have a very difficult time telling a lawyer what he can and can't charge his client for. I don't mean to be discouraging, and I know my answer is frustrating and probably not what you wanted to hear, but I have to give an honest assessment of the law and your case.
what would you do? she is not in her right mental state of mind we have 3 children we now live separately in apts .. just sold and closed on our house we were going to move cross country but the stress and the erratic behavior started right when we started the moving process she bought this lawyer to the closing and took 80% of the money from house which is ok i told....to stop wasting it on this guy what do i do now??
Have you actually filed for divorce yet?
no nor do i want to
i just need some help
I'm sorry, I assumed that there was a divorce going on. So, she's just investigating claims against you with no legal case pending or even planned?
that is correct ..i have not been served any documents and have no intention of ever filing ..
In that case, you need to file a complaint against the lawyer now.
Complaints against the practices of a lawyer are not typically handled through the courts. They are handled through the state bar.
the only problem is i don't know what they are doing... she tells me something then changes it the next day...i do not what to get him in trouble...if he is following her advice and investigating claims she is making up i honestly do not know if he is feeding her things which i do think he is or she is coming up with the claims.. and he is adding on to them.. i just do not know and want to stop this before she is taking for tens of thousands of dollars. what would be your advice to make the process stop should i hire a lawyer and set a meeting or wait until it is over.... and things are not calming down she came over this morning at 630 am and accused me of more things..how i can stop it with the help of legal or a mediator.. just to talk and calm things down
The other thing you can do is restrict her access to your family finances.
You could hire a lawyer, but I would not expect that lawyer to be able to prevent the other lawyer from following his clients wishes.
You could contact her lawyer yourself and tell him that you will pay him $x, and nothing more, and that anything he does beyond that will not be compensated. Of course, that only works if your wife doesn't have access to funds.
But, like I've said, no judge is going to issue an order that a lawyer is not allowed to investigate claims on behalf of his client.
she has the money from closing...i try to figure something out..THANKS this has been best advice i have gotten since this started...nice to get this off my chest..;)
Glad to help. I'm sorry I could not give you a more certain course of action, but this is not an easy situation.
very true just trying to piece together a plan