Hello,
I'm the non-custodial parent and I'm in court for visitation rights and also for child support. I'm a state worker and via my union I'm able to pay $70 per year for a Legal Service Plan which entitles me to a discounted rate. For example, for a 10 hour retainer, I would pay $150 an hour (for NYC). The custodial parent is a city worker and via their union has access to utilize lawyers who work for the union. These services are free of charge for representation for the custodial parent. The difference between the two is I get referred to a law firm that is within the jurisdiction of the case while the custodial parent get refer to a union lawyer.
I've been in court since September 2013 and spent over $10,000 in lawyer fees with little (or no) results. Due to being broke, I released my lawyer for the support case but retained my lawyer for the custody/visitation case (same lawyer in both cases). My lawyer left the firm and they reassigned me another lawyer in the firm but I decline and decided to proceed pro se representation. In court the custodial parent had a new lawyer. The custodial parent dropped their old lawyer and the person representing the custodial parent was an associate of the lawyer who was suppose to represent the custodial parent but had another obligation. This associate told the courts that my lawyer now works for the same law firm as the custodial former lawyer. Everyone in the court room started to laugh and shake their head (horizontally). I was the only one not laughing.
In my eyes that's a conflict of interest. Every lawyer that represent the custodial parent works for the same union. How can I be definitive sure that my former lawyer did not share information about my case such as defenses, weaknesses etc. with her new colleagues? Since this cannot be determined I believe that another law firm should represent the custodial parent. I feel that since the custodial parent doesn't pay anything for legal representation the custodial parent doesn't truly understand how costly court is and if the custodial parent had to pay out of their own pocket (or my child support payments) they will be more willing to meet at the bargaining table.
Please let me know if this is a conflict of interest or unethical, what is the name of the law that supports this and how should I bring this up in court?
I'm the non-custodial parent and I'm in court for visitation rights and also for child support. I'm a state worker and via my union I'm able to pay $70 per year for a Legal Service Plan which entitles me to a discounted rate. For example, for a 10 hour retainer, I would pay $150 an hour (for NYC). The custodial parent is a city worker and via their union has access to utilize lawyers who work for the union. These services are free of charge for representation for the custodial parent. The difference between the two is I get referred to a law firm that is within the jurisdiction of the case while the custodial parent get refer to a union lawyer.
I've been in court since September 2013 and spent over $10,000 in lawyer fees with little (or no) results. Due to being broke, I released my lawyer for the support case but retained my lawyer for the custody/visitation case (same lawyer in both cases). My lawyer left the firm and they reassigned me another lawyer in the firm but I decline and decided to proceed pro se representation. In court the custodial parent had a new lawyer. The custodial parent dropped their old lawyer and the person representing the custodial parent was an associate of the lawyer who was suppose to represent the custodial parent but had another obligation. This associate told the courts that my lawyer now works for the same law firm as the custodial former lawyer. Everyone in the court room started to laugh and shake their head (horizontally). I was the only one not laughing.
In my eyes that's a conflict of interest. Every lawyer that represent the custodial parent works for the same union. How can I be definitive sure that my former lawyer did not share information about my case such as defenses, weaknesses etc. with her new colleagues? Since this cannot be determined I believe that another law firm should represent the custodial parent. I feel that since the custodial parent doesn't pay anything for legal representation the custodial parent doesn't truly understand how costly court is and if the custodial parent had to pay out of their own pocket (or my child support payments) they will be more willing to meet at the bargaining table.
Please let me know if this is a conflict of interest or unethical, what is the name of the law that supports this and how should I bring this up in court?
Professional Conduct: Conflict of Interest Please Help Me to Determine if There is One
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