Brief question involving Lawyer ethics

[hoosierpapa4]

Indiana, modification of custody.

Opposing counsel has "interviewed" my sons without my knowledge, or my attorneys, in his offices when my x-wife was in to talk with him.

My sons are on my witness list, and her's as well.

Sons are 10 and 11.

There is a GAL appointed to represent the children.

1) Are there ethical issues with interviewing my sons without the presence of the Guardian Ad Litem, or without prior consent from opposing counsel?

Thanks.

[NWMom]

You bet there are!!!!  What type of proof do you have though? Being able to proove that the children were interviewed will be tough I imagine.

[hoosierpapa4]

Opposing consel conveyed this to my attorney.  I am dismayed as to why my attorney didn't jump all over this with both feet knowing that this is quite possibly "exparte communications" or "witness tampering".

Oppossing counsel is very very politically connected as he is the head of the republican party in my county and many people who are elected (judges here are elected) feel that they owe him something, so he gets "special treatment" at the courthouse.

Frustrating as this is, I would like this pointed out whether through a separate action, or during open trial.  Your thoughts?

[socrateaser]

>1) Are there ethical issues with interviewing my sons without
>the presence of the Guardian Ad Litem, or without prior
>consent from opposing counsel?

It would be a breach of the code of professional responsibility for an attorney to communicate with a represented party in a case to which that attorney represents a different party.

It is not witness tampering, however, unless you can prove that the witness was coerced in some material way.

You could ask the court to sanction the attorney, made payable to you, and to exclude any evidence discovered via the interview -- assuming that you can prove that this encounter took place.