Any perspective

[dipper]

Soc,

BM has primary physical custody.  Joint legal.  Son is 14 years old - we all live in Virginia.  I am motioning for custody - case is to be heard December 21 after 2 continuances.

Son was caught with knife at school - police were called and he was charged.  Within two weeks, son was charged with vandalizing his school provided laptop computer.  In order to get this, BM had to pay an insurance fee up front.  Frankly, I know son and would not have paid it - he had all the keys off of his by the end of last year and is naturally destructive.

At any rate, pretrial was held on Nov. 17th - to which I did not attend as I have missed so much work for issues relating to son and nothing would actually take place that day.  Trial is to take place December 15th.

BM had mentioned that we may have to pay for laptop - I think this is her responsibility as she is the one that let him get it.

Today, I received a summons to appear in court on December 15 at my son's trial.  The summons had my social security number on it - and I can only think they had one way of getting this - through BM?

BM had hand delivered a letter to me on the 18th - one day after the pretrial - and it was dated for the 9th.  In the letter she was asking for $500 to give to her attorney as part of a retainer fee for representing our son.  As this is the attorney against my custody case, I feel he cannot accept money from me - I would not be able to talk to him about my son's case.  However, whoever they saw for pretrial (not a judge) said the most son would get would be probation.

I planned on being in court on the 15th for my son, but I still wonder:

Soc,  why would the court want to ensure that I be there on Dec. 15th for my son's hearing?

AS son is in her care and she was the one who made arrangements for him to get the laptop, am I to be held accountable for the damage (A dollar amount of damage was mentioned on summons)?

Am I correct in thinking that if her attorney had been retained to defend son that I would not have been able to discuss case with him?

Thank you Soc

[socrateaser]

>Soc,  why would the court want to ensure that I be there on
>Dec. 15th for my son's hearing?

I assume that this is "juvenile" court, not "criminal" court. If so, then as the parent, you may be called as a witness by the State Prosecutor to help determine whether your son has violated the law, and to hopefully craft an appropriate remedial sentence that will rehabilitate your son before it's too late.

>AS son is in her care and she was the one who made
>arrangements for him to get the laptop, am I to be held
>accountable for the damage (A dollar amount of damage was
>mentioned on summons)?

Complicated issue of VA State law and your Constitutional due process rights. I.e., is it equitable for you to be held responsible for your son's actions done while under the court-ordered control and custody of the other parent, as "but for" the court's order, and the actions of the other parent, you may have been able to prevent your son's degeneration into delinquency.

Very tough question, requiring a huge amount of research to come up with a fair argument to present the court. Without such an argument, you'll probably be forced to pay, because the gov. has the power and all you have is the Bill of Rights, which ain't worth much any mo'.

>Am I correct in thinking that if her attorney had been
>retained to defend son that I would not have been able to
>discuss case with him?

By representing your ex in a custody suit against you and simultaneously representing your son in a juvenile court action, the attorney engages in a conflict of interests, because your son's interests in the juvenile action may conflict with your interests in the custody action (and, possibly may conflict with your ex's interests in the custody action). Therefore, I don't see how the attorney can represent you son and your ex simultaneously, even if the attorney has both of the parents' consent.

If it were me, I would refuse the representation, because it's too close to the line of violating the Rules of Professional Conduct, if not being over that line.

The direct answer to your question is that an attorney must not permit a third party who pays a client's legal fees to interfere with the attorney's professional judgment, and that includes the duty of confidentiality and the attorney-client privilege. So, without your son's consent, the attorney could not discuss your son's case with you, regardless of whether or not you were paying all or part of your son's legal expenses.

[dipper]

Soc,

BM has primary physical custody.  Joint legal.  Son is 14 years old - we all live in Virginia.  I am motioning for custody - case is to be heard December 21 after 2 continuances.

Son was caught with knife at school - police were called and he was charged.  Within two weeks, son was charged with vandalizing his school provided laptop computer.  In order to get this, BM had to pay an insurance fee up front.  Frankly, I know son and would not have paid it - he had all the keys off of his by the end of last year and is naturally destructive.

At any rate, pretrial was held on Nov. 17th - to which I did not attend as I have missed so much work for issues relating to son and nothing would actually take place that day.  Trial is to take place December 15th.

BM had mentioned that we may have to pay for laptop - I think this is her responsibility as she is the one that let him get it.

Today, I received a summons to appear in court on December 15 at my son's trial.  The summons had my social security number on it - and I can only think they had one way of getting this - through BM?

BM had hand delivered a letter to me on the 18th - one day after the pretrial - and it was dated for the 9th.  In the letter she was asking for $500 to give to her attorney as part of a retainer fee for representing our son.  As this is the attorney against my custody case, I feel he cannot accept money from me - I would not be able to talk to him about my son's case.  However, whoever they saw for pretrial (not a judge) said the most son would get would be probation.

I planned on being in court on the 15th for my son, but I still wonder:

Soc,  why would the court want to ensure that I be there on Dec. 15th for my son's hearing?

AS son is in her care and she was the one who made arrangements for him to get the laptop, am I to be held accountable for the damage (A dollar amount of damage was mentioned on summons)?

Am I correct in thinking that if her attorney had been retained to defend son that I would not have been able to discuss case with him?

Thank you Soc

[socrateaser]

>Soc,  why would the court want to ensure that I be there on
>Dec. 15th for my son's hearing?

I assume that this is "juvenile" court, not "criminal" court. If so, then as the parent, you may be called as a witness by the State Prosecutor to help determine whether your son has violated the law, and to hopefully craft an appropriate remedial sentence that will rehabilitate your son before it's too late.

>AS son is in her care and she was the one who made
>arrangements for him to get the laptop, am I to be held
>accountable for the damage (A dollar amount of damage was
>mentioned on summons)?

Complicated issue of VA State law and your Constitutional due process rights. I.e., is it equitable for you to be held responsible for your son's actions done while under the court-ordered control and custody of the other parent, as "but for" the court's order, and the actions of the other parent, you may have been able to prevent your son's degeneration into delinquency.

Very tough question, requiring a huge amount of research to come up with a fair argument to present the court. Without such an argument, you'll probably be forced to pay, because the gov. has the power and all you have is the Bill of Rights, which ain't worth much any mo'.

>Am I correct in thinking that if her attorney had been
>retained to defend son that I would not have been able to
>discuss case with him?

By representing your ex in a custody suit against you and simultaneously representing your son in a juvenile court action, the attorney engages in a conflict of interests, because your son's interests in the juvenile action may conflict with your interests in the custody action (and, possibly may conflict with your ex's interests in the custody action). Therefore, I don't see how the attorney can represent you son and your ex simultaneously, even if the attorney has both of the parents' consent.

If it were me, I would refuse the representation, because it's too close to the line of violating the Rules of Professional Conduct, if not being over that line.

The direct answer to your question is that an attorney must not permit a third party who pays a client's legal fees to interfere with the attorney's professional judgment, and that includes the duty of confidentiality and the attorney-client privilege. So, without your son's consent, the attorney could not discuss your son's case with you, regardless of whether or not you were paying all or part of your son's legal expenses.

[dipper]

Soc,

We are in VA.  Custody case to be heard on Dec. 21st.  There is also a charge of assault son filed against bm to be heard that day.  

Son has been in trouble - taking knife to school and vandalism to school laptop computer.  Initially went to court on Nov 17th.  Then I was summonsed to be there today as well.  Drove two hours today and this is what happened:

BM's lawyer was there representing son - though I had wrote to her that I thought it was a conflict of interest.  I did not pay any money for this.  The case was not heard today but was simply a hearing to be told that the court date is March 16, 2006.   As we were leaving, bm told her lawyer that she and son would see him Monday - apparently to discuss custody case.  

Son is consistent that he wants to live with me (he is 14).  Yet, this will be twice she has taken him to see her lawyer.  The last time son said the lawyer fussed at him and told him he was better off living there (in the city) and he really needed to think about it.

Now, bm's phone has recently been cut off and she has not paid rent again - they file monthly against her.  She once again told son that it is my fault - that as I have garnished her wages, she cant afford to pay her bills.  She has the money to Christmas shop, join the YMCA, and to pay a retainer for son  to have her lawyer - but cannot pay her phone bill.  It is only my opinion, but I feel she is not paying bills so that she can claim I am causing hardship on son by expecting her to pay the bill she owes me.


Soc, I have a lawyer - but he hasnt even met my son.  A GAL is involved.  My lawyer didnt summons anything - though that was the reason he said he needed a continuance last time.  Now, he says the GAL was including all needed in the report to the judge.  I am very anxious...

Questions:

Being that son has assault against mother and lawyer is representing mother - isnt that a conflict of interest in itself?

Will the fact that another county will be trying son on March 26 for incidents, will that hinder the judge in our custody trial?


In your personal opinion - given your vast knowledge - why would bm be taking my son to see her lawyer about the custody trial when son says he wants to live here?


Does a GAL typically tell the lawyers ahead of time what he is going to suggest in his report to the judge?

[socrateaser]

>Questions:
>
>Being that son has assault against mother and lawyer is
>representing mother - isnt that a conflict of interest in
>itself?

The son is not the plaintiff in a criminal case -- the State of VA is the plaintiff and the son is a victim, so no conflict of interest, because the son is not in an adversarial proceeding against the mother for criminal assault. If son was suing for civil assault, then that would be a direct conflict.
>
>Will the fact that another county will be trying son on March
>26 for incidents, will that hinder the judge in our custody
>trial?

If your son is sentenced to juvenile detention, then your custody hearing will be somewhat moot, because the State of VA will have custody and both parents will probably be paying child support to the State.

>In your personal opinion - given your vast knowledge - why
>would bm be taking my son to see her lawyer about the custody
>trial when son says he wants to live here?

Flattery will get you everywhere. This doesn't take vast knowledge. Mom is trying to coerce the child into seeing things her way, by bringing in a third party who is skilled at convincing people.
>
>Does a GAL typically tell the lawyers ahead of time what he is
>going to suggest in his report to the judge?

Depends. It wouldn't surprise me, though.

Back on the conflict of interest front, I think that the lawyer's representing your son in a juvenile matter, and his mom in a custody action is a conflict, because your son has stated that he wants to live with dad, which is definitely against mom's interests. But, the juvenile action is not against you, it's against the State of VA, so this probably skates on thin ice.

A better argument may be that the conflict arises because the son cannot be expected to be completely forthcoming with the lawyer, knowing that the lawyer is representing his mom in a custody action wherein if mom wins, son will not get to live with dad. And, the lawyer cannot give entirely candid and unbiased advice to the son, because the lawyer has a different client who has a contrary interest.

If you really want to create a fuss, you're gonna have to contact the Virginia State Bar and initiate a complaint against the lawyer. I think you probably have a case, but if the lawyer withdraws, you'll have to pay to have someone else represent the son at the juvenile court hearing, so you may be shooting yourself in the toe.