Divorce Lawyer Advice (1 Viewer)

[tjharris]

Can anyone recommend a good divorce lawyer in the NOLA area?

 

[antipop]

is it going to be clean divorce or a messy one??

 

[superchuck500]

is it going to be clean divorce or a messy one??

That's actually a good question - it matters when it comes to picking the lawyer.

 

[You]

mad dog.

 

[Hercule]

If it's messy, you might want to get an interview with all the good local lawyers. I think that would stop them from representing your ex-spouse due to a conflict of interest. I'm not sure how feasible that actually is though.

 

[boutrous]

I hear Stephen Rue is good, but I do not know personally.

 

[superchuck500]

If it's messy, you might want to get an interview with all the good local lawyers. I think that would stop them from representing your ex-spouse due to a conflict of interest. I'm not sure how feasible that actually is though.

It's also frowned upon by the bench.

 

[Hercule]

It's also frowned upon by the bench.

Is it really? Hm. That's not something I'd ever thought about. I guess that's something you'd only know about if you were practicing.

 

[superchuck500]

Is it really? Hm. That's not something I'd ever thought about. I guess that's something you'd only know about if you were practicing.

Well, think about it. Contacting every good divorce lawyer in town in attempt to conflict them out so that your spouse cannot hire them is nothing more than manipulation of professional conduct rules to obtain an advantage in litigation.

Judges are people and they're typically (though not always) fairly smart people. And they take rules and fairness seriously. They know when someone is trying to play the system.

Certainly a person is entitled to do some market research and interview a few lawyers before selecting one. But a systematic effort to create conflicts of interest is something that could be easily brought to light in a deposition.

 

[Hercule]

Well, think about it. Contacting every good divorce lawyer in town in attempt to conflict them out so that your spouse cannot hire them is nothing more than manipulation of professional conduct rules to obtain an advantage in litigation.

Judges are people and they're typically (though not always) fairly smart people. And they take rules and fairness seriously. They know when someone is trying to play the system.

Certainly a person is entitled to do some market research and interview a few lawyers before selecting one. But a systematic effort to create conflicts of interest is something that could be easily brought to light in a deposition.

How potentially damaging could it be if it came to light that someone was participating in this sort of thing?

 

[Leastbay]

Remy law firm

 

[superchuck500]

How potentially damaging could it be if it came to light that someone was participating in this sort of thing?

If the client did it on his own, the only real risk is that it annoys the judge. Divorce litigation is by the bench (no juries), so the risk is that if the judge has to ever make a credibility determination (not unlikely in a divorce) or with any motion/request to the court where the goodwill of the client may be relevant - the judge isn't going to look favorably.

If the client's attorney advises the client to go interview the best lawyers in town to give them a conflict, you not only have the problem with the judge, I'd say that attorney has potentially violated the rules of professional conduct (probably rule 8.4).

 

[Hercule]

If the client did it on his own, the only real risk is that it annoys the judge. Divorce litigation is by the bench (no juries), so the risk is that if the judge has to ever make a credibility determination (not unlikely in a divorce) or with any motion/request to the court where the goodwill of the client may be relevant - the judge isn't going to look favorably.

If the client's attorney advises the client to go interview the best lawyers in town to give them a conflict, you not only have the problem with the judge, I'd say that attorney has potentially violated the rules of professional conduct (probably rule 8.4).

Thanks for the info, Chuck. How would they go about proving that conflicts of interest were sought?

 

[superchuck500]

Thanks for the info, Chuck. How would they go about proving that conflicts of interest were sought?

So let's say you're the attorney for the spouse. We've been referring to this person as "him" so your client is the wife. She says " . . . and I came to you in your office in Houma because my husband went and visited every known divorce lawyer in New Orleans so that I couldn't hire any of them."

You then have the husband in deposition. If you're any good, you ask him about this process that he went through. Unless he's very very bright and slippery, it will be pretty evident that he was only trying to conflict out the divorce bar in NOLA.

And really, this isn't something that you - the spouse's attorney - are really looking to "prove." It's more of a character thing that you want to get on the record and find an appropriate way to bring it to the judge's attention. Perhaps you can incorporate it somehow into a motion. Or at trial, you might be able to bring that testimony out. It's a strategic thing rather than a point of contention in the litigation.

 

[tjharris]

is it going to be clean divorce or a messy one??

It looks clean at the moment but that could change