CPS and Attorney Conflict of Interest

[fighting4mykid]

I dont want to give too many details as we are still waiting to go to court on this issue. So I will be brief in the desciption.
My boyfriend's ex has launched an all out Parential Alienation attach on him. She has convinced CPS to participate in this attack. Here's where my question for the moment comes from.

His ex has the same attorney my ex has for his criminal behavior and who he used (since he was already on retainer) when my daughter moved in with him.

His ex contacted her attorney with her case. Upon seeing the "evidence" her attorney's assistant told her (the ex/new client) to have CPS contact her (the assistant) because she had information from my ex and my daughter that could help her case. The ex told CPS and CPS contacted her and my ex and my daughter. At this time it hadnt even been a year since my divorce. My ex is still VERY bitter and my daughter also left because of anger. So needless to say their "statements" helped solidify her attack.

Now, the attorney's assistant did not feel any need to report to CPS at the time my daughter moved out that they felt the other children in the home were in any danger. Two months later she gave this information to my boyfriend's ex.

Does anyone see anything wrong with this scenario?

Is it ethical for an attorney's assistant to give information from a client to another client? If not; what is our recourse?

[Kitty C.]

If it were up to me, I would be contacting the state atty. general's office immediately.......

This doesn't just sound unethical....it sounds highly illegal.

[fighting4mykid]

We are just waiting on our attorney to get on the ball. But if she doesn't we are going to pursue it ourselves. I think the biggest holdup is in her discovery she didnt actually turn anything in. Just stated "In "Attoney's Office". Our attorneys assistant has tried for 2 months to set up an appointment to "go view" the information. It is all very frustrating. Especially since we are being accused of completely irrational, unbelievable BS.

I'll go ahead and add our other "issue". CPS didn't do an investigation on the ex. She has 8 CPS cases with the most recent being in 2007 which was assault on her step-son. The paint my boyfriend as uneducated and hillbilly. Even got so far as to type out his statements leaving the g's off the ing words. I typed out 37 pages of rebuttal to all the accusations. Everything she is accusing him of is the exact things she herself had CPS cases for. I found a site that 167 Red Flags of Parental Alienation. Some I was unable to answer as we dont "actually" know what goes on IN her home. But she met 118 of the red flags. Most of them repeatedly.

[pcdad]

Wow - you wouldn't happen to be fighting this case in Clark County Wisconsin would you?  If not - then your county/state has the same messed up system as Clark County Wisconsin.  Good luck contacting the State Attorney General.  Tried that got laughed at - even though there was proof in black and white.

[gemini3]

1.  Don't wait for your attorney to get on the ball.  She should already be on the ball - you wrote her a check.  If she's not responding with urgency get another attorney ASAP.

2.  It's not illegal or unethical to share information if the clients agree to it.  Since your ex is vindictive he probably has no problem with his attorney sharing information about his case.  So, in that regard, the attorney hasn't really violated anything.

Here's a link to the American Bar Associations rules of contuct handbook re: confidentiality of information.
http://www.abanet.org/cpr/mrpc/rule_1_6.html (http://www.abanet.org/cpr/mrpc/rule_1_6.html)

It's sneaky and underhanded, but not illegal or unethical.  It's what lawyers do, and your BF needs an attorney who can handle a slimeball like his ex's attorney. 

[fighting4mykid]

Her attorney is a criminal attorney but does "some" family practice. Our attorney is an actual family law attorney. I dont know what the hold up is at this point. I did get an email yesterday that they are trying to set up a time next week to view the "discovery" that is "in her attorney's office". I actually printed 3 copies of all our "discovery" to hopefully save a little bit of money and leg work for the attorney. I don't see how they are getting by with this crap its in the attorney's office.

Our attorney was so angry after leaving mediation. She told my bf to not stop fighting for his daughter or she would turn out just like the mom. She went straight to her office and filed all the paperwork needed that day. But that was back in July.

The thing is the attorney's assistant did not ask my ex if she could give out the information. She just offered it.

[gemini3]

Maybe so, but your ex would have to be willing to testify that he did not give her permission to share the information.  Doesn't sound like he would do that.

[fighting4mykid]

Some days he is cooperative and others not. I'm not sure exactly what it is that I "do" that sets him off. Currently our lines of communication are open, but that may change in a minute.

Do you think we have any chances with filing a grievance with CPS. They made their "judgements" with 2 2 minute phone calls. One to me and one to my bf. They didn't meet us and we didn't get to give our "side" of the story. We weren't asked to take a drug and alcohol test; nothing. The ex was allowed to come into the office and gave a 3 page statement. It was assumed in that time that he has an alcohol problem and doesn't want to fix it because he rejected their offers of help. We dont see that drinking a couple of beers a week is need for AA. I know that is very nutshellish in details but again until we go to court I dont want to post too much.

We did not have a clue of the accusations until we got copies of the CPS reports. We can see that CPS asks questions in such a way to get the answer they want to "prove" their case.

Their statements claim history of alcohol abuse and domestic violence. But there is NONE. No legal, no CPS (until she started this vendeta) But because of her statement it was just accecpted as fact.

[gemini3]

It's possible, but hard to say without knowing the details.  If you don't want to post them here you can send me a private message.  Just click my name and the scroll down and click "send this person a private message".

Usually CPS manuals are posted online, and you can look and see if they followed procedure.  If it's not available online you can request it under Title IV-B & IV-E of the Social Security Act.   

[fighting4mykid]

Gemini3,
Did you get my private message? I sent it but my computer timed out.