Legal Question in Family Law in California

Offering Legal counsel to the opposing side

At the courthouse for a child custody evaluation � but not actually in the court room � the lawyer for the custodial parent spoke privately to the non-custodial parent. In this conversation, the lawyer expressed his opinion that the custodial parent was soon going to release him as her lawyer and that if that happened, and once he was no longer representing her, that he would be interested in offering legal counsel to the non-custodial parent. Is the lawyer ethically allowed to �switch sides� and provide counsel to the non-custodial parent? Are there any requirements to allow him to do this? The non-custodial parent is currently representing himself.


Asked on 11/20/08, 12:39 pm

3 Answers from Attorneys
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Offering Legal counsel to the opposing side

This is absolutely inappropriate if it happened as you posted in your e-mail. If it in fact happened as you posted, it should be reported to The State Bar (www.calsb.org).

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 11/20/08, 2:53 pm
Gary Moore Gary Moore Attorney At Law

Re: Offering Legal counsel to the opposing side

The lawyer can not changed sides because he has confidential information received from his initial client.

Call me if you like.

Gary Moore, Esquire

Hackensack,New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/20/08, 5:34 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Offering Legal counsel to the opposing side

Lawyer has a conflict of interest. He cannot do that.

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Answered on 11/21/08, 1:51 pm


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