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Conflict of Interest?!!!!

Started by notnew, Feb 09, 2007, 02:42:36 PM

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notnew

Case is in MD

Ex has been unemployed for quite some time. I just discovered that Ex has obtained employment with the lawyer who is representing her in the current CS review.

Isn't this a conflict of interest?

Thanks

socrateaser

>Case is in MD
>
>Ex has been unemployed for quite some time. I just discovered
>that Ex has obtained employment with the lawyer who is
>representing her in the current CS review.
>
>Isn't this a conflict of interest?

It may be, but that's between the attorney and the client. It has nothing to do with you, because nothing that either attorney or client are doing, conflicts with your interests. They were both opposing you before, and they are both opposing you now.

notnew

Her attorney reported to my attorney that she needed more time to respond to our CS calculations because her client had obtained employment and the lawyer doesn't have the employment information or how much the client is making.

Since the lawyer is now employing the client, this information is already known!

Isn't that deceit on the part of the lawyer and against the code of ethics?

Isn't it failing to settle a case in a timely manner or dragging it out or something like that?

I am waiting for my attorney to call me today. In court.

It is also irritating since the CS will go down and it seems convenient that the attorney is dragging this out as long as possible so that the client receives the higher amount as long as possible.

socrateaser

>Isn't that deceit on the part of the lawyer and against the
>code of ethics?

Maybe the attorney hasn't paid the employee yet. Frankly, I think you'd be better off waiting several months to see if the attorney is intentionally hiding your ex's income so as to reduce the support calculation. Then as soon as the final order is made, attorney pays all the unpaid amount as a bonus and gives your ex a raise. Of course you don't find out about it for a year.

But, when you do find out, then you could go back and have the prior order set aside as the product of fraud, and that would hit your ex really hard -- as well as the attorney. Frankly, the attorney would be a fool to risk his license to practice law on such a charade. But, it happens, so it's worth considering.

Nevertheless, it wouldn't be a conflict of interest -- it would be a plain ol' fraud -- which is a lot more serious.

>Isn't it failing to settle a case in a timely manner or
>dragging it out or something like that?

There may be legitimate reasons to postpone the hearing -- so maybe yes, maybe no.

socrateaser

>Case is in MD
>
>Ex has been unemployed for quite some time. I just discovered
>that Ex has obtained employment with the lawyer who is
>representing her in the current CS review.
>
>Isn't this a conflict of interest?

It may be, but that's between the attorney and the client. It has nothing to do with you, because nothing that either attorney or client are doing, conflicts with your interests. They were both opposing you before, and they are both opposing you now.

notnew

Her attorney reported to my attorney that she needed more time to respond to our CS calculations because her client had obtained employment and the lawyer doesn't have the employment information or how much the client is making.

Since the lawyer is now employing the client, this information is already known!

Isn't that deceit on the part of the lawyer and against the code of ethics?

Isn't it failing to settle a case in a timely manner or dragging it out or something like that?

I am waiting for my attorney to call me today. In court.

It is also irritating since the CS will go down and it seems convenient that the attorney is dragging this out as long as possible so that the client receives the higher amount as long as possible.

socrateaser

>Isn't that deceit on the part of the lawyer and against the
>code of ethics?

Maybe the attorney hasn't paid the employee yet. Frankly, I think you'd be better off waiting several months to see if the attorney is intentionally hiding your ex's income so as to reduce the support calculation. Then as soon as the final order is made, attorney pays all the unpaid amount as a bonus and gives your ex a raise. Of course you don't find out about it for a year.

But, when you do find out, then you could go back and have the prior order set aside as the product of fraud, and that would hit your ex really hard -- as well as the attorney. Frankly, the attorney would be a fool to risk his license to practice law on such a charade. But, it happens, so it's worth considering.

Nevertheless, it wouldn't be a conflict of interest -- it would be a plain ol' fraud -- which is a lot more serious.

>Isn't it failing to settle a case in a timely manner or
>dragging it out or something like that?

There may be legitimate reasons to postpone the hearing -- so maybe yes, maybe no.