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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 12-02-2019, 02:01 PM
Helpmyspouse Helpmyspouse is offline
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Default Conflict of interest?

My exspouse is supposed to be self-reping but he lacks the mental capacity to do so. It's a long story... Anyway, a family member on his side offered to help him faciilitate a potential agreement between us. My lawyer said he is not able to communicate with this family member. He is only allowed to communicate with my exspouse. Is this a family law rule and a conflict of interest? What would be the reason? I could ask him but it is much cheaper to seek input from this board.
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Old 12-02-2019, 02:45 PM
standing on the sidelines standing on the sidelines is offline
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I wonder if your lawyer is just worried he would hammer out an agreement then your ex would try to get out of it later saying the family member wasn't authorized to make decisions?
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Old 12-02-2019, 03:30 PM
rockscan rockscan is offline
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If you are in contact with that family member, set up a meeting between the four of you. Adversely you could put together your offer to settle, send it to your ex and let the family member know to review it with him.

Your lawyer is right, the family member is not a party and cannot discuss with the lawyer unless they have permission. I was not permitted to sit in a legal appointment with my husband without his specific permission right there in the office. Lawyers will not do anything that is against the privacy act which includes discussing YOUR finances with another party. With his previous lawyer your ex would have signed an agreement.
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Old 12-03-2019, 01:37 AM
Stillbreathing Stillbreathing is offline
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Is the family member willing to be added as a party to the litigation? If so they can sign a med/arb agreement adding them. If you are in court you can file a motion to have them added. If they are not willing to be added as a party it will be more difficult to add them unless you have extenuating circumstances and can convince a judge they should be added against their will.
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