Problems with former opposing counsel during new litigation

[Ace Tomato]

Hello,

We have been in CS modification litigation in a new state (different than where the dissolution occurred).  Case is registered in new state, both parties have counsel, had final hearing, and now are in battle on attorney fees and waiting for order to be signed.

The other party is notorious for dragging out litigation and is doing so again.  But this has a twist:

The other party just filed what looks like a pro se supplemental response to the affidavits for attorney fees.  All other petitions/etc in this case are drafted with the typical "by and through counsel" format, but this last one is simply the party giving their own affidavit.  Their current counsel did sign as notary and sign the certificate of delivery to our attorney, but his name isn't anywhere in the body of the document (which I am guessing means he disagrees with it?)

We are aware that the other party's FORMER counsel from the FORMER state is still advising the other party and have evidence of this.  It is doubtful the other party's current counsel is even aware of this.  This is the real problem we have.

The former counsel is not licensed to practice law in the new state.  The former counsel has a history of crossing lines in the past, but now she is crossing state lines.

We are aware we can contact the attorney general's office in the former state to report the problem with the former counsel. How do we address this in the current state?  Do we alert the other party's current counsel his work is being undermined by out-of-state counsel?

Thanks in advance for any insights.

[socrateaser]

There's nothing that you can do. If the former attorney is advising the party, then that advice is priviledged and the court cannot force either the attorney or the party to disclose the substance of any communications.

As long as the out-of-state attorney doesn't put his/her name on a pleading or appear in court without first moving to appear "pro hac vice," then that attorney has done nothing wrong, and even if he/she has, you cannot obtain any evidence that would be admissible to prove it in court.

Also, under the circumstances, this issue is di minimis, and bringing it to the court's attention will just annoy the judge. Let it go.