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Serious ethics question?
1)Is it a violation of their/the oath of ethics for an attorney to continue as counsel for a client who is in severe and repeated violation (contempt) of a custody order from a court ?
2)Can a party of custody matter through a motion for contempt be sentenced to jail time for severe violations and or refusals to follow the orders of an adjudicated temporary custody order ?
3)Is it a violation of their/the oath of ethics for an attorney to purposefully and or willfully delay a matter and cause expense to their client by recommending and or demanding legally un-necessary mediation when it was for “all” indications of pre-mediation communications… “obvious and apparent that the differences between parties minimum requirements/requests for agreement were not going to agree”?
4)Is it a violation of their/the oath of ethics for an attorney to willfully and or purposefully cause delay of a custody matter?
3 Answers
- 1 decade agoFavorite Answer
No. He/she is allowed representation.
Yes. At the judges discretion.
No. He/she is representing their client within the law.
No. He/she is representing their client within the law.
My answer is correct, direct and first.
- Anonymous1 decade ago
1. No. Everyone is entitled to representation.
2. If the judge finds that they are in contempt, yes they can receive jail time and/or a fine for contempt.
3. I would have to see the entire motion for continuance. I am not sure what you are referring to.
And what are you quoting from?
If the attorney sought to secure an arbitrator to bring both parties to an agreement regarding minimum requirements and requests, I don't see that it is unethical.
And they have to agree on those or some type of minimum requirements, or else the matter is going to stay in court and continue to cost both parties even more money.
4. An attorney may seek a continuance which consequently may delay a custody matter. If they are doing it on behalf of their client, and the judge sees fit to grant the continuance, then there is no ethics violation.
- Victor iousLv 61 decade ago
#1. While it is LEGAL to have an Attorney to represent a guilty party - in my mind its unethical. Court appointed attorneys must, by law, represent the client, guilty or not. A lawyer must (so it seems) be able to switch his or her emotions off at will.
#2. Arrest for violation of agreement or court order procedure is entirely up to the judge in custody matters. The Judge could be lenient or harsh.., but its up to the Judge and the circumstances he feels dictates a particular case.
#3. An Attorney must use whatever means at his disposal in defense of the client. While this does not seem fair for guilty people to have this advantage - a good many innocent people find these tactics of delay a God send. Pray you never end up in that situation. The same law that protects the innocent, unfortunately protects the guilty as well.., sometimes.
#4. See #4 as it applies just the same.
It is only illegal if the Attorney assists in the crime or aid in violation of court order. Unless you have tons of money at your disposal for high caliber lawyers, you are stuck. Seldom will one Attorney go against another attorney by way of lawsuits for a client. They might when its personal, but not until its personal against HIS person, not someone else.
