Legal Question in Family Law in New York

My Wife is in a custody battle with her ex. I am just the step father but for years we have both been part of the case helping put it together, selecting lawyers everything. We have needed to use a public defender for this last petition. The public defender has said that his boss is refusing to let him speak to both of us at the same time? She has said it is in case we get a divorce and decide to sue each other.

Non of our paid attorneys had this issue & my wife has repeatedly asked for me to be in the room so we can both take notes and make sure we understand what is going on. Is this normal?

Asked on 7/09/13, 2:49 pm

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

If you are in the room when your wife's attorney is speaking to her then she will no longer have attorney-client privilege and her ex-husband's attorney can ask her questions about privileged conversations she had with her attorney during the trial.

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Answered on 7/09/13, 3:12 pm

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